A. Notice To Applicant: If the county planner or sheriff determines that facts exist for denial or revocation under this chapter, the county clerk/auditor shall notify the applicant in writing of the intent to deny or revoke the permit and shall specify the grounds for such denial or revocation.
B. Exception To Notice And Appeal: When the county planner or county sheriff learns of facts immediately before or during a special event that require the revocation of the permit, then the county planner or county sheriff can revoke the permit, and the notice and appeal requirements shall not apply. The standard for determining whether the county planner or county sheriff's decision was reasonable under these circumstances is whether the option of an appeal was practical under the circumstances.
C. Applicant's Opportunity To Respond: 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 permit should not be denied or revoked.
1. Effect Of Nonresponse: If a response is not received within ten (10) working days of the notice being received by the applicant, the denial or revocation becomes final and may not be appealed.
D. Notice Of Hearing: 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 or revocation proceeding.
E. Hearing: Within ten (10) working days of the receipt of applicant's written response, the county commission shall conduct a hearing to determine whether the denial or revocation was appropriately issued.
1. Opportunity For Representation: The applicant shall have the opportunity to be represented by counsel, at the applicant's own expense, at the hearing.
2. Opportunity To Present Case: The applicant shall have the opportunity to present evidence and witnesses on his or her behalf.
F. County Commission Review: The county commission may, at its discretion, decide whether to uphold the denial or revocation or choose to issue a new permit, and their decision be deemed to be a final decision.
G. Appeal Of A Final Decision: When a decision to deny or revoke a special event becomes final, the applicant may appeal to the Washington County justice court.
H. Right Of County Commissioners To Appeal Decision: In accordance with section 10-2-5 of this code, any county commissioner may appeal a decision of the county planner to issue a permit or deny an application for the special event. The procedures outlined in section 10-2-6 of this code shall govern such an appeal. (Ord. 2014-1037-O, 5-6-2014)