(A) In case of refusal to grant or renew an applicant/holder’s permit or certificate or upon the suspension or revocation of such permit, the applicant/holder may appeal to the City Manager. Such appeal must be made, in writing, within ten days, following receipt of notice of such action, by the Police Chief and shall be filed with the City Clerk.
(B) Whenever a provision of this subchapter states a specific time within which an appeal must be taken, if the appeal is not taken within the time prescribed, then the action of the Police Chief is deemed to be final.
(C) The action of the Police Chief in suspending, revoking, or refusing to grant a permit under this subchapter shall be effective upon receipt of notice by the applicant/holder; provided, if the applicant/holder files a timely appeal, then any right under this subchapter heretofore existing shall continue in effect during the pendency of any appeal or 30 days, whichever is sooner.
(D) Any hearing may be continued upon 48 hours’ written notice prior to the date of the hearing; provided, if the new date for the hearing is more than 30 days from the date of the original notice of appeal, then the rights of the appellant pursuant to division (C) above may only be extended upon a showing of good cause to the City Manager.
(E) (1) The purpose of the hearing before the City Manager shall be to determine whether or not the action of the Police Chief in suspending, revoking, or refusing to grant a permit of the appellant was in the best interests of the public health, safety, and welfare of the city.
(2) The appellant shall be permitted to present any evidence relevant to the subject matter of the appeal. The hearing shall be administrative in nature, and the action of the City Manager shall be final.
(F) (1) If the action of the City Manager is to affirm the action of the Police Chief, then the effective date of the action shall be on the date of the hearing.
(2) Any period of actual suspension as the result of a continuance prior to the hearing shall be counted toward any period of suspension approved by the City Manager.
(G) Any hearing before the City Manager shall use the following procedures.
(1) The hearing shall be open, unless specifically requested to be closed by the applicant prior to the hearing.
(2) The appellant shall be entitled to make any statements either by an attorney or someone of his or her own choosing.
(3) The appellant shall be entitled to make any statements or present any witnesses on his or her behalf that he or she desires.
(4) The hearing shall be administrative in nature; there shall be a right to cross-examination.
(5) The appellant shall be entitled to transcribe the proceedings at his or her own cost.
(6) The hearing shall be no longer than one hour
(Ord. passed - -)
Statutory reference:
Grounds for refusal of permit, see G.S. § 160A-304