A. Notice; Hearing:
1. If the county clerk/auditor determines that facts exist for denial, suspension, revocation or refusal to renew a license under this chapter, the county clerk/auditor shall notify the applicant or licensee (respondent) in writing of the intent to deny, suspend, revoke or refuse to renew the license, including the grounds therefor, by personal delivery, or by certified mail. The notification shall be directed to the most current business address on file with the county clerk/auditor. Within ten (10) working days of receipt of such notice, the respondent may provide to the county clerk/auditor, in writing, a response that shall include a statement of reasons why the license should not be denied, suspended, revoked or renewed. Within three (3) days of the receipt of respondent's written response, the county clerk/auditor shall notify respondent in writing of the hearing date on respondent's denial, suspension, revocation or refusal to renew proceeding.
2. Within ten (10) working days of the receipt of respondent's written response, the county clerk/auditor shall conduct a hearing at which respondent shall have the opportunity to be represented by counsel and present evidence and witnesses on his or her behalf. If a response is not received by the county clerk/auditor in the time stated, or if, after the hearing the county clerk/auditor finds that grounds as specified in this chapter exist for denial, suspension, revocation or refusal to renew, then such denial, suspension or revocation shall become final five (5) days after the county clerk/auditor sends, by certified mail, written notice that the license has been denied, suspended, revoked or refused to be renewed. Such notice shall include a statement advising the applicant or licensee of the right to appeal such decision to the county commission, or county review board, if one is established by the county, and, if there affirmed, appeal to a court of competent jurisdiction.
3. If the county clerk/auditor finds that no grounds exist for denial, suspension, revocation or renewal of a license, then within five (5) days after the hearing, the county clerk/auditor shall withdraw the intent to deny, suspend, revoke or refusal to renew the license and shall so notify the respondent in writing by certified mail of such action and shall contemporaneously therewith issue the license.
B. Appeal: When a decision to deny, suspend, revoke or refusal to renew a license becomes final, the applicant or licensee (aggrieved party), whose application for a license has been denied, or whose license has been suspended, revoked or not renewed, shall have the right to appeal such action to the county commission, or county review board, if one is established by the county, within thirty (30) days of the date that the decision to deny, suspend, revoke or refusal to renew a license became final, and, if there affirmed, appeal to a court of competent jurisdiction. Upon the filing of any court action to appeal, challenge, restrain or otherwise enjoin the county's enforcement of the denial, suspension, revocation or refusal to renew the license, the county clerk/auditor shall immediately issue the aggrieved party a provisional license. The provisional license shall allow the aggrieved party to operate the business and will expire upon the court's entry of a judgment on the aggrieved party's action to appeal, challenge, restrain or otherwise enjoin the county's enforcement. (2004 Code)