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A. If the license is denied or approved with qualifications, or if a notice of suspension, revocation or citation of a civil fine is imposed, the applicant or licensee may file an appeal with the business licensing authority.
B. Filing of an appeal must be within ten (10) days of the date of service of the notice of any denial, qualified approval, suspension, revocation or civil fine. Upon receiving the notice of such appeal, the business licensing authority shall schedule a hearing before a designated hearing officer within twenty (20) days from the date of the appeal unless such time shall be extended for good cause.
C. The hearing officer shall hold a public hearing on the record, and take such facts and evidence as necessary to determine whether the denial, qualified approval, suspension, revocation or civil fine was proper under the law.
D. The burden of proof shall be on the city.
E. After the hearing, the hearing officer shall have ten (10) working days, unless extended for good cause, in which to render findings of fact, conclusions of law, and recommended decision to the mayor.
F. Either party may object to the recommendation of the hearing officer by filing the party's objection and reasons, in writing, to the mayor within ten (10) days following the recommendation. In the event the hearing officer recommends upholding a suspension or revocation, the license shall be immediately suspended, and shall remain suspended until any subsequent appeal is decided. If no objections are received within the ten (10) days, the mayor may immediately adopt the recommendation of the hearing officer.
G. If objections are received, the mayor shall have twenty (20) working days to consider such objections before issuing the mayor's final decision. The mayor may, in the mayor's discretion, take additional evidence or require written memorandum on issues of fact or law. The standard by which the mayor shall review the decision of the hearing officer is whether substantial evidence exists in the record to support the hearing officer's recommendation.
H. An applicant aggrieved by the mayor's decision shall have judicial review of such decision pursuant to rule 65.B, Utah rules of civil procedure, or any other applicable ordinance, statute or rule providing for such review. (Ord. 2006-002, 2006)