9-3-7. Appeal procedures.

(1) If a beer license is denied by the clerk or if the clerk suspends or revokes a license or if a civil fine is imposed, the applicant or licensee may file an appeal.

(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 civil fine. 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, keep a verbatim record of the proceedings, and shall take such facts and evidence as necessary to determine whether the denial, qualified approval, suspension, revocation or civil fine was proper under the law.

(4) The burden of proof shall be on the county 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 objections are received within the seven days, the county commission may immediately adopt the recommendation of the hearing officer.

(7) If objections are received, the county commission shall have ten working days to consider such objections before issuing a final decision. The county commission may, in its discretion, take additional evidence, hold a hearing or require the submission of written memoranda 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. 02-16, 7/2/02)