§ 7.12.030. License appeals officer—Notice, authorized actions and hearings.

A.

Within five days of receipt of the transcript or transcripts of all hearings held by the business license commission on the matter resulting in the decision from which the appeal is taken, the executive assistant of the business license commission shall transmit to the license appeals officer a copy of the notice of appeal filed pursuant to Section 7.12.030, all exhibits introduced in evidence before the business license commission, and one original and two copies of the transcript or transcripts of all testimony.

B.

Within 30 days of receipt of the documents and transcripts required by Subsection A, above, the license appeals officer shall:

1.

Take such action as, in his or her opinion, is indicated by such evidence; or

2.

Refer the matter back with instructions to the business license commission for further proceedings; or

3.

Schedule the matter for hearing.

C.

Any action taken by the license appeals officer shall be in writing with appropriate notice to the business license commission. The executive assistant of the business license commission shall provide notice of such action to the appellant, applicant or licensee and all interested county departments.

D.

In no case, however, shall any license be conditioned, modified, suspended or revoked by the license appeals officer unless the licensee shall have been granted a hearing before the license appeals officer.

E.

If the license appeals officer grants a hearing, the executive assistant of the business license commission shall give not less than 10 days' written notice of the date, time and place of such hearing to the appellant, the applicant or licensee, and the sheriff. The license appeals officer at a hearing upon appeal may permit the introduction of, and consider, additional evidence, or such officer may at his or her option consider only the transcript of proceedings before the business license commission, together with any exhibits received in evidence during such proceedings. In either case, the license appeals officer may at his or her option hear and consider additional argument and points and authorities of law, and may require parties to submit such argument and points and authorities of law prior to rendering any decision.

(Ord. 2005-0074 § 5, 2005.)