(1) Schedule a date for the hearing no more than 30 days and no less than 15 days after the Issuing Officer receives the request.
(2) Notify the appellant of the date, time and location of the hearing.
(3) State in the notice that the appellant must appear at and complete the hearing in order to contest the denial or the proposed suspension or revocation.
(4) Assign a member of the Issuing Officer's department to be the hearing officer who was not been involved in the investigation of the applicant, any decision to deny the license or any decision to suspend or revoke the license.
(b) Once scheduled, the hearing shall not be continued except for good cause.
(c) In cases where the license or permit was denied, the hearing officer shall determine whether the evidence establishes grounds to deny the license.
(d) In cases where the Issuing Officer proposes to suspend or revoke the license the hearing officer shall determine:
(1) Whether the evidence establishes grounds for suspension or revocation.
(2) Whether a shorter period of suspension should be imposed rather than the time period the Issuing Officer proposed.
(e) The hearing officer's decision shall be in writing. Within three days of the hearing the decision shall be provided to the appellant pursuant to the notice provisions of section 11.112 of this code. The decision may also be posted at the office of the Issuing Officer for five days. If the appellant failed to appear or failed to complete the hearing the decision shall state the appeal is denied and not appealable. Otherwise, the decision shall state:
(1) The hearing officer's findings of fact, conclusions and reasons for the decision,
(2) If the decision is adverse to the appellant it shall state that the appellant may appeal the decision to the Appellate Hearing Board,
(3) If decision imposes a license suspension or revocation, it shall state the suspension or revocation will become effective 15 days after the date of the decision unless the appellant appeals the decision to the Appellate Hearing Board before the 15 days expire.
(Amended by Ord. No. 7912 (N.S.), effective 6-27-91; amended by Ord. No. 9889 (N.S.), effective 10-26-07)