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(a) If the Director revokes or suspends a Certificate of Registration, assesses a penalty, or denies the issuance, renewal or reinstatement of a Certificate of Registration, the Director shall send written notice of the action and a statement of the right to an appeal to either the affected applicant or Biological Agent Detector User.
(b) The applicant or Biological Agent Detector User may appeal the decision of the Director as follows:
(1) The applicant or Biological Agent Detector User may file a written request for a review by paying an appeal fee of $180 and setting forth the reasons for the appeal within 20 business days notice of the Director's decision. The Person filing the appeal must also deposit with the Tax Collector the full amount of any penalty imposed, plus any accrued interest and costs. Appeal fees, and any other amount deposited with the Tax Collector, will be returned to the appealing applicant or Biological Agent Detector User if the appeal is upheld.
(2) The Director may grant, but not deny, the appeal based upon an initial review of the appellant's written submission, as well as any other pertinent information.
(3) If, after his or her initial review, the Director does not grant the appeal or determines that a hearing is appropriate or necessary, the Director shall appoint a hearing officer to conduct a formal hearing within 30 days of the receipt of the request and consider the evidence submitted by any interested Person(s). The hearing officer shall not be an employee whose regular duties include administration or enforcement of this Article. The hearing officer shall make his or her decision affirming or reversing the decision of the Director on the basis of the preponderance of evidence presented at the hearing, and must render the decision within 30 days after the date of the hearing.
(c) Filing of a request for appeal shall stay the action by the Director revoking or suspending the Certificate of Registration or requiring payment of a penalty, until the appeal is complete. If a request for appeal is not made within the 20 business day period, the Director's decision is final.
(Added by Ord. 211-11, File No. 110348, App. 11/3/2011, Eff. 12/3/2011)