(a) Whenever the Director of Public Service determines that grounds exist and that he or she should deny an application to issue, re-issue or renew a certificate of registration, or that grounds exist and that he or she should suspend or revoke the certificate of a current holder of such a certificate for the operation of a solid waste enterprise, the Director shall notify the applicant or certificate holder of his or her intended action, specifying in such notice, which shall be in writing, the grounds or circumstances for such denial, suspension or revocation, the relevant sections of this chapter which constitute the basis for the Director's intended action and the details of the action to be taken on the application or current certificate. The notice shall be served upon the applicant or current holder by certified mail, return receipt requested, or by personally delivering the notice to the last known address of the applicant or current certificate holder. If such notice, when sent by certified mail, is returned to the Director with a notation affixed by the post office indicating that the notice was refused or unclaimed, the notice may be delivered personally or by ordinary mail at the direction of the Director. Service by ordinary mail in such cases shall be considered to be completed upon mailing.
(b) Within ten days, intervening Saturdays, Sundays and holidays excluded, from the completion of service of the notice required in subsection (a) hereof, the applicant or current certificate holder may file a written notice with the Director of Public Service indicating an intent to exercise the opportunity to appear in an informal hearing before the Director, to examine all evidence upon which the Director is relying, and to present such evidence as the applicant or current certificate holder wishes. Attendance of witnessesshall be voluntary only, but witness statements may be used in lieu of the attendance of witnesses if the statements are properly signed and sworn to before a notary Dublic by the witness. Witnesses appearing in person may give testimony only under oath. The informal hearing before the Director shall take place not later than 20 days, intervening Saturdays, Sundays and holidays excluded, from the date of service of the original notice upon the applicant or current certificate holder as set forth in subsection (a) hereof, unless such time limit is waived in writing by the Director and the applicant or current certificate holder.
(c) If the applicant or current certificate holder fails to notify the Director, within such ten-day period, of his or her wish to appear before the Director, the applicant or the current certificate holder shall waive any further rights of appeal under this chapter, and the stated, intended action of the Director shall become effective immediately upon the expiration of such ten-day period, denying any further remedy to the applicant or current certificate holder unless such time for notifying the defendant has been extended in the discretion of the Director. If the applicant or current certificate holder elects to appear before the Director and does so, the Director shall render a decision upon the issue of whether to deny an application for the issuance, re-issuance or renewal of a certificate, or to suspend or revoke an existing certificate, as soon after such hearing as is possible. Failure to render such a decision within ten calendar days of such a hearing shall be construed as a determination that the application for issuance, re-issuance or renewal shall be granted or that the suspension or revocation of an existing certificate is not to be imposed. The findings and decision of the Director shall be immediately reduced to writing and mailed to the applicant or holder of the current certificate at the address to which notice of the action was originally sent.
(Ord. 82-63. Passed 6-7-82; Ord. 14-20-A. Passed 8-4-14.)