A. The city hearing examiner appointed pursuant to title 1, chapter 12 of this code is designated to hear appeals by applicants or licensees aggrieved by actions of the city administrator pertaining to any denial, suspension, or revocation of business licenses. The hearing examiner may adopt reasonable rules and regulations for conducting such appeals. Copies of all rules and regulations so adopted shall be filed with the city clerk, who shall make them freely accessible to the public.
B. Any licensee/applicant may, within fourteen (14) days after receipt of a notice and order of denial, suspension or revocation, file with the city clerk a written notice of appeal containing the following:
1. A heading with the words: "Before the Hearing Examiner of the City of Orting";
2. A caption reading: "Appeal of " giving the names of all appellants participating in the appeal;
3. A brief statement setting forth the legal interest of each of the appellants in the business involved in the notice and order;
4. A brief statement, in concise language, of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant or appellants;
5. A brief statement, in concise language, of the relief sought, and the reasons why it is claimed that the protested action or notice and order should be reversed, modified, or otherwise set aside. Appellant shall specify the errors of law and/or errors of fact upon which the appeal is based;
6. The signatures of all persons named as appellants, and their official mailing addresses; and
7. The verification (by declaration under penalty of perjury) of each appellant as to the truth of the matters stated in the appeal.
C. As soon as practicable after receiving a written appeal, the city administrator shall fix a date, time, and place for the hearing of the appeal by the hearing examiner. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing by the city administrator, by mailing a copy thereof, postage prepaid, by certified mail with return receipt requested, addressed to each appellant at his or her address shown on the notice of appeal.
D. At the hearing, the appellant(s) shall be entitled to appear in person, and to be represented by counsel and to offer such evidence as may be pertinent and material to the notice and order. Technical rules of evidence need not be followed.
E. Only those errors of law and fact specifically raised by the appellant(s) in the written notice of appeal shall be considered in the hearing of the appeal. Appellant(s) shall bear the burden of proof by a preponderance of the evidence that the city administrator erred in issuing the denial, suspension, or revocation.
F. Within fourteen (14) days following conclusion of the hearing, the hearing examiner shall make written findings of fact and conclusions of law, supported by the record, and issue a decision which may affirm, modify, or overrule the denial, suspension, or revocation of the city administrator. The hearing examiner may also impose terms as conditions to issuance or continuation of a business license; provided that, when deemed necessary by the hearing examiner, at the conclusion of the hearing or within the ten (10) business days following conclusion of the hearing, the hearing examiner may announce the need for a longer time period, not to exceed fifteen (15) days, within which the written findings of fact and conclusions of law and decision shall be made.
G. Any party aggrieved by the decision of the hearing examiner may appeal that decision to the city council by filing a written notice of appeal, within ten (10) days after receipt of the decision of the hearing examiner, with the city clerk. The city administrator shall transmit a complete copy of the hearing examiner's record, findings and conclusions, and decision, and all exhibits, to the city council and shall cause the appeal to be placed upon the agenda of the city council within thirty (30) days after receipt of the notice of appeal. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing by the business license clerk, by mailing a copy thereof, postage prepaid, by certified mail with return receipt requested, addressed to each appellant at his or her address shown on the notice of appeal.
H. Any appeal of the decision of the city council must be filed within fourteen (14) days of issuance of the decision.
I. Enforcement of any suspension or revocation of any business license, or other order of or by the city administrator, shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. The city administrator shall have the authority to issue a temporary business license in the event that such issuance is necessary to protect appellant's constitutionally protected rights.
J. Failure of any aggrieved party to file an appeal in accordance with the provisions of this chapter shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order of denial, revocation or suspension. (Ord. 939, 4-30-2014)