A. The director of finance, upon notification by the chief of police or the city attorney that grounds for suspension exist, shall file a written petition for suspension with the city court, requesting that a time and place be set for a hearing and specifying the grounds for suspension per section 7-459.
B. Within five (5) days of receipt of a petition, a magistrate, special magistrate or limited special magistrate shall schedule a hearing, which shall be conducted within fifteen (15) days of the receipt of the petition to suspend or revoke. The magistrate, special magistrate or limited special magistrate shall notify the parties in the manner provided in subsection (f) and shall state the grounds relied upon for the proposed suspension.
C. Should the licensee fail to appear at the hearing, a default judgment of suspension shall be entered.
D. A record shall be kept of all proceedings. The Arizona Rules of Evidence shall not apply. Any evidence offered shall be admitted subject to a determination by the magistrate, special magistrate or limited special magistrate that the offered evidence is relevant and material and has some probative value as to a fact at issue.
E. No license shall be suspended unless grounds therefore are established by a preponderance of the evidence. The magistrate, special magistrate or limited special magistrate shall provide the licensee and other parties written notice of the decision within five (5) days, pursuant to subsection (b) of this section. The magistrate, special magistrate or limited special magistrate's signing of the written notice of the decision shall effect the suspension of a license.
F. A licensee's right to operate an alarm company or act as an alarm agent under authority of the license shall terminate immediately upon giving or mailing to the licensee a copy of the signed decision suspending the license; except that the suspension may be stayed by the superior court pending a timely appeal of the decision by special action. Such appeal must be filed within ten (10) days after the decision to suspend is signed unless the decision is mailed, in which case the appeal must be filed no late than fifteen (15) days after entry of the decision. The appellee shall bear the cost of preparing the record of appeal. If an appeal is not timely made, the suspension becomes final.
G. Notices required by this article shall be served by certified mail to the licensee's attorneys or to the licensee at the address as shown on the licensee's license, or by personal service.
(Ord. No. 9975, § 1, 5-24-04, eff. 1-1-05)