A. Written notice required. The Permit Administrator, before revoking or suspending any operator permit or Establishment Registration Certificate, shall give the permittee or certificate holder at least ten (10) business days' written notice of the alleged grounds for revocation or suspension and shall conduct a hearing in the matter of whether the permit or certificate shall be revoked or suspended. The hearing shall be conducted at least ten (10) business days from the date of written notice which shall be provided in the manner set forth in Section 8.24.050 of this code.
B. Hearing. The Permit Administrator shall consider all evidence at the hearing. The hearing may, after being commenced within the time specified pursuant to subsection A. of this section, be continued for good cause by the Permit Administrator from time to time. The Permit Administrator shall, at the conclusion of the hearing, make findings of fact based upon the evidence submitted and shall decide whether or not the permit or certificate shall be revoked or suspended.
C. Notice of Decision. The Permit Administrator's written notice of decision shall be served on the permittee or certificate holder, within thirty (30) business days of the conclusion of the hearing, in the manner provided in Section 8.24.050 of this code, and, in the case of a revocation or suspension, such Notice of Decision shall indicate the appeal procedures as set forth hereinafter.
D. Appeal. Any applicant, permittee, or certificate holder shall have the right to appeal from a decision by the Permit Administrator to deny a permit or certificate application or renewal application, or to approve such an application with conditions, or to suspend or revoke an operator permit or Establishment Registration Certificate, by filing with the City Clerk a written notice of appeal specifying the grounds for such appeal, within ten (10) business days after the decision has been served on the applicant or permittee or certificate holder. The appeal must also include the appeal fee established by resolution of the City Council and included within the Master Fee Schedule. Such appeal shall be heard by an administrative hearing officer appointed by the City Manager or his/her designee, upon not less than ten (10) business days written notice to the appellant. The designated administrative hearing officer shall consider all relevant evidence at the hearing, may continue the hearing for good cause, and shall require such legal briefing as may be required to address any issues raised by the appeal. Within a reasonable time, but not more than twenty (20) business days following the conclusion of the hearing, the administrative hearing officer shall issue a written decision affirming, denying, or modifying the decision from which the appeal was taken, supported by factual findings and determinations referenced by supporting evidence. The written decision shall be served on the appellant as provided in Code of Civil Procedure Section 1094.6(b), with a copy submitted to the City Clerk and the City Attorney. The written decision of the administrative hearing officer shall be final and shall be subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure Section 1094.6.
(Ord. 2011-02 § 1(part), 2011)