(A) If the Commissioner finds that the complaint substantially charges a violation of the State Liquor Control Act or this chapter and finds that, from the facts alleged, there is a reasonable cause for such belief, he or she shall set the matter forbearing and shall serve upon the licensee a copy of the complaint and notice of the time and place of such hearing.
(B) Such hearing shall be public and a record shall be made by sound or video. The licensee may be represented by legal counsel licensed to practice law in the state. All witnesses shall testify under oath administered by the Commissioner or other person authorized to administer such oath in the state. Such hearing need not be conducted according to the strict rules of evidence and procedure followed in a court of law, however such hearings shall be conducted in a fair and impartial manner to all concerned. On motion of the licensee, the three-day written notice of hearing may be waived in whole or in part. Any licensee may, at his or her option, waive the right to a public hearing on the suspension or revocation of his or her license. In such an event, the Commissioner may order any suspension, revocation, or make any other order which would be appropriate upon a finding of a violation at the conclusion of a public hearing. The licensee shall indicate such waiver in writing to the Commissioner at the time prior to the commencement of the public hearing.
(C) The Commissioner shall, within five days after such hearing, if he or she determines that the license should be revoked or suspended, state the reason(s) for such determination in a written order of revocation or suspension, and shall serve a copy of such order within the said five days upon said licensee.
(D) The Commissioner shall report in writing to the State Liquor Control Commissioner within ten days after an order has been entered for a violation by any retail alcoholic liquor licensee of any state law or county ordinance. The report shall specify the date and place where the hearing was held or whether the licensee waived the hearing; whether a suspension or revocation was entered therein; or what other disposition was made or entered in the Commissioner’s records.
(Res. passed 6-20-2017)