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(a) A party whose license is suspended, revoked, or refused renewal may appeal that decision to the mechanical board of appeals and examiners.
(b) Appeals shall be commenced by filing a written appeal with the department within ten days of the decision. The appeal shall include a statement of the action complained of, why the same should be modified or rescinded, whether the appellant desires an open or closed hearing, and an address where the appellant can be mailed notice of hearing. The department shall immediately deliver a copy of the appeal to the city attorney who will act as legal counsel.
(1992 Code, § 11-47) (Ord. 94-93, passed 12-6-1993; Ord. 116-96, passed 10-7-1996; Ord. 115-01, passed 12-10-2001)
A public hearing, or a closed hearing if the board determines it is necessary, shall be held on all appeals within 15 working days after the filing of the appeal, unless a later date is agreed upon by the appellant and the board. The department shall cause written notice of the date, time and place of the hearing to be served upon the appellant by personal service or certified mail to the address set forth in the appeal at least five days before the hearing date.
(1992 Code, § 11-48) (Ord. 116-96, passed 10-7-1996; Ord. 115-01, passed 12-10-2001)
The following rules shall govern the procedures for an administrative hearing on matters concerning license suspension, revocation or refusal to renew.
(a) Hearings and administrative appeals need not be conducted according to the technical rules relating to evidence and witnesses.
(b) Oral evidence shall be taken only on oath or affirmation.
(c) The chairperson of the board or the board recorder shall administer oaths or affirmations to witnesses.
(d) Any relevant evidence shall be admitted if it is the type of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence after objection in civil actions in courts of competent jurisdiction in this state.
(e) Irrelevant and unduly repetitious evidence and evidence that lacks trustworthiness shall be excluded.
(f) The appellant, the major organization unit or agency, and any other party to an appeal shall have these rights among others:
(1) To call and examine witnesses on any matter relevant to the issue of the hearing;
(2) To introduce documentary and physical evidence;
(3) To cross-examine opposing witnesses on any matter relevant to the issues of the hearing; and
(4) To rebut evidence.
(g) After each appeal hearing, the board or hearing examiner shall perform the following:
(1) Make written findings of fact; and
(2) Based upon the written findings, sustain, remand for further hearing or action, or rescind the complained action or decision. The board may in its discretion waive the payment of any reinstatement or late penalty fee.
(h) A written report of the decision, including the findings of fact, shall be furnished to the appellant and the chief building official within 15 working days from the date the appeal hearing is closed. The city and the appellant shall bear their own respective costs of the appeal proceeding. The decision of the board shall be final.
(1992 Code, § 11-49) (Ord. 116-96, passed 10-7-1996; Ord. 115-01, passed 12-10-2001; Ord. 105-08, passed 8-18-2008; Ord. 27-19, passed 3-19-2019)
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