(A) If either a provisional license or marihuana establishment license, or a renewal or amendment of either, is denied or revoked by the City Clerk, the applicant or licensee may appeal to the City Manager within 21 days from the date of the written notice of the denial or revocation.
(B) If the applicant or licensee timely submits an appeal, the City Manager or their designee shall issue a written notice of hearing stating the date, hour, place, and nature of the hearing. The City Manager shall appoint a Hearing Officer to conduct a public hearing at which the applicant or licensee will be provided the opportunity to present testimony and evidence to establish the applicant's or licensee's suitability for a license. The Hearing Officer shall make a written determination, after presentation by the applicant or licensee and the City Clerk, as to whether or not the grounds for denial or revocation are true. If the Hearing Officer determines that such grounds are supported by a preponderance of the evidence, the action of the City Clerk shall be sustained.
(1) In any proceedings under this section, the Hearing Officer has the power to administer oaths and affirmations and to certify official acts. The Hearing Officer shall proceed with reasonable dispatch to conclude any matter before them. Due regard shall be shown for the convenience and necessity of the parties and their representatives.
(2) The Hearing Officer shall cause a record of the entire proceeding to be made by tape recording or by other means of permanent recording determined appropriate by the Hearing Officer. A transcript of the proceedings shall be made available to all parties upon request and upon payment of a fee prescribed by the court reporter.
(3) The hearing need not be conducted according to the technical rules of evidence adopted for the courts of record in the state.
(4) The Hearing Officer shall take testimony from the applicant or licensee and any person having knowledge relevant to the denial or revocation of a license. Oral evidence shall be taken only upon oath or affirmation of the party offering the testimony.
(5) Hearsay evidence may be used under the following guidelines:
(a) Hearsay evidence may be used to explain other direct evidence;
(b) Hearsay evidence may be used to support other direct evidence; and
(c) Hearsay evidence shall not be used in itself to support a finding, unless it would be admissible in civil actions in courts of competent jurisdiction.
(6) Any relevant evidence not otherwise excluded herein shall be admitted. Relevant evidence shall be defined, for the purpose of this section, as the type of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs. Such relevant evidence shall be admitted regardless of whether or not it may be admissible in civil actions in courts of competent jurisdiction.
(7) Irrelevant and unduly repetitious evidence shall be excluded.
(8) Each party shall additionally have these rights:
(a) To call and examine witnesses on any matter relevant to the issues of the hearing;
(b) To introduce documentary and physical evidence;
(c) To cross-examine opposing witnesses on any matter relevant to the witness to testify;
(d) To impeach any witness regardless of which party first called the witness to testify;
(e) To refute the evidence;
(f) To represent themselves or to be represented by anyone of their choice who is lawfully permitted to do so; and
(g) To make a closing statement at the conclusion of the evidentiary portion of the hearing.
(9) Failure of the applicant or licensee to appear at the hearing may be deemed to be an admission by the applicant or licensee of the facts set forth in the City Clerk's notice.
(10) The Hearing Officer shall make written findings of fact based upon a preponderance of the evidence and testimony admitted during the hearing.
(11) (a) The Hearing Officer shall make written findings whether or not the license shall remain denied or revoked. The Hearing Officer's findings will be reduced to writing and served upon the applicant or licensee and City Clerk within a reasonable time.
(b) If the Hearing Officer sustains the City Clerk's decision to deny or revoke a marihuana establishment license, the City Clerk will notify LARA of the denial or revocation of the license and the reasons therefore in writing by mail or electronic mail.
(12) The Hearing Officer's decision may be appealed to and reviewed by a court of competent jurisdiction as provided by state statutes and court rules.
(Ord. O-222, passed 9-14-2020, effective 9-24-2020)