When an application for license is filed with an agency, it shall be reviewed by the department or departments having jurisdiction over the subject matter of the application. Such departments shall report to the agency any fact or condition pertinent to the granting or denial of the license for which application is made. If the agency denies the license, the applicant shall be notified and may file a written appeal within 15 days after the date on which the notice of denial was mailed. The notice shall inform him or her of his right to appeal and to request a hearing pursuant to the provisions of this Chapter and of his or her right to be represented by counsel at his or her own expense.
If the applicant files an appeal, the agency may schedule an informal hearing to permit the applicant to be heard. In the alternative, upon receiving applicant’s notice of appeal, the agency may institute formal proceedings in accordance with § 12.2710 of this Code.
At the conclusion of an informal hearing, the agency may take such action as the record indicates and may affirm, reverse or amend its prior action. If the agency’s decision is adverse to the applicant, and applicant fails to request a formal hearing as provided herein, he or she shall be deemed to have waived his or her appeal; it shall be dismissed; and the action of the agency shall be final.
The applicant may file a written request for a formal hearing for the purpose of presenting evidence regarding his or her application. Such request shall be filed no later than five days after any informal hearing held hereunder. Any request for a formal hearing shall be accompanied by any fee established by the agency for such filing. The agency may, upon a showing of good cause, waive such fee. Upon the receipt of a valid request for a formal hearing, the agency shall commence the procedure for a formal hearing pursuant to § 12.2710.
The notice provided for herein shall be in substantially the following form:
[Agency] |
TO: [Name of Applicant] DATE: _______________________ |
You are hereby notified that the [agency] has denied your application for [type of license or permit] for the following reason or reasons: |
[List reasons in nontechnical language] |
You are further notified that you have a right to appeal from this decision by filing a letter, or other written document, indicating your appeal with [agency and agency address] within fifteen (15) days of the above date. The [agency) may schedule an informal hearing to consider your appeal. In the alternative, the [agency] may initiate a formal hearing for the purpose of taking evidence regarding your application. You have the right to request a formal hearing to present evidence by filing a written request therefor accompanied by a filing fee of $ ________________. A request for a formal hearing shall be filed no later than five (5) days after any informal hearing. You have the right to notice of any hearing and the right to appear and be represented by counsel at your own expense. |
(Ord. 1709, passed - -1972)