9-1-20. Appeal procedures.

(1) If a business license is denied by the clerk or if the clerk suspends or revokes a license or if a penalty is imposed, the applicant or licensee may appeal such action.

(2) Filing of an appeal must be within ten days of the date of service of the notice of any denial, qualified approval, suspension, revocation or penalty. Upon receiving the notice of such appeal, a hearing shall be scheduled before a hearing officer designated by the county commission within 20 days from the date of the appeal, unless such time shall be extended for good cause.

(3) The hearing officer shall hold a public hearing with a verbatim record of the proceedings being kept, and take such facts and evidence as necessary to determine whether the denial, qualified approval, suspension, revocation or penalty was proper under the law.

(4) The burden of proof shall be upon the clerk.

(5) After the hearing, the hearing officer shall have seven working days, unless extended for good cause, in which to render findings of fact, conclusions of law, and a recommended decision to the county commission.

(6) Either party may object to the recommendation of the hearing officer by filing the party's objections and reasons, in writing, to the county commission within seven days following the recommendation. In the event the hearing officer recommends upholding a suspension or revocation, the license shall be immediately suspended, and shall remain suspended until any subsequent appeal is decided. If no objection is received within the seven days, the county commission may immediately adopt the recommendation of the hearing officer.

(7) If an objection is received, the county commission shall have ten working days to consider the objection before issuing a final decision. The county commission may, in its discretion, take additional evidence, hold a hearing or require the submission of a written memorandum on issues of fact or law. The standard by which the county commission shall review the decision of the hearing officer is whether evidence exists in the record to support the hearing officer's recommendation. ((Ord. 95-26, 12/05/95)