A. Right of Appeal. A regulated establishment that is adversely affected by the actions of the department may submit a request for appeal to the director of the department. The request for appeal must be in writing and be submitted within ten business days of notice of the adverse action. The notice of adverse action must inform the regulated establishment of the right to appeal. In the event the action taken is pursuant to A.R.S. Section 36-601(B), the time for appeal is fifteen days. If no appeal is filed, the department's action becomes final when the time for appeal has expired.
B. Appointment of Hearing Officer. Upon receiving a request for appeal, the director of the department shall appoint a hearing officer to hold a hearing on the matter within twenty days from the time the director received the request for appeal. The hearing officer shall be an impartial person who is trained in law and is knowledgeable about this title.
C. Notification of Hearings. The hearing officer shall notify the person requesting the appeal that a hearing on the appeal will be held at a specified time and place.
D. Rights of Parties at Hearing. The person requesting the appeal and the department may appear on their own behalf or through counsel, may submit evidence, and have the right to confront witnesses of the other side by cross-examination. A corporation may appear only through a corporate officer or counsel.
E. Conduct of Hearing. The hearing officer shall conduct the hearing in a manner consistent with due process. Witnesses shall be sworn and their testimony recorded manually or by recording device. The cost of transcribing such testimony shall be paid by the party requesting it. The hearing officer shall receive relevant, probative and material evidence and shall exclude all irrelevant, immaterial or unduly repetitious evidence. The formal rules of evidence need not be followed. Proof shall be by a preponderance of the evidence. The hearing officer may issue subpoenas pursuant to A.R.S. Section 12-2212.
F. Hearing Officer's Recommendation. Within five days of the hearing's completion, the hearing officer shall submit a written recommendation to the director that the appeal be affirmed or denied. This recommendation shall contain findings of fact and conclusions of law which are the basis of the hearing officer's recommendation.
G. Director's Decision. Within three days of receiving the hearing officer's recommendation, the director shall notify the person requesting the appeal of the decision. The director's decision is final.
H. Notice. Whenever notice is required to be given, it shall be given in a manner that is reasonably calculated, under all circumstances, to inform the person of the action to be taken.
(Ord. 2016-12, § 1 (part), 2016)