(A) Adverse decision. If the AEC denies an applicant’s request for licensure, the applicant is permitted to appeal the AEC’s determination to the Town Council. The aggrieved party or their representative shall provide notice of their intent to appeal to each member of the AEC and each member of the Town Council. Notice of intent to appeal shall be served upon the above parties not less than ten days after the AEC’s decision has been published.
(1) Content of notice. The applicant’s notice must set forth all of those facts and law upon which the applicant bases their appeal.
(2) Hearing upon appeal. The Town Council shall set the matter for public hearing not more than 60 days from the date upon which notice of appeal was served.
(3) Conduct of hearing. The Town Council shall review the findings of the AEC as well as the contentions of the applicant. The Town Council shall hear oral argument upon the issues from the applicant and the AEC.
(4) Standard of review. The Town Council shall submit its findings and judgment not more than 30 days from the date of hearing. The Town Council shall only reverse the decision of the AEC if it is determined that the AEC’s decision was arbitrary or capricious or was contrary to law.
(Ord. 2011-003, passed 2-14-11)