9-4-39. Appeal procedures.

(1) If the license is denied or approved with qualifications, or if a notice of suspension, revocation or citation of a civil fine is imposed, the applicant or licensee may file an appeal with the County Clerk.

(2) Filing of an appeal must be within 10 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, the County Clerk shall schedule a hearing before a designated hearing officer 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 on the record, and 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.

(5) After the hearing, the hearing officer shall have 7 working days, unless extended for good cause, in which to render findings of fact, conclusions of law, and recommended decision to the County Commission.

(6) Either party may object to the recommendation of the hearing officer by filing the party's objection and reasons, in writing, to the County Commission within 7 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 7 days, the County Commission may immediately adopt the recommendation of the hearing officer.

(7) If objections are received, the County Commission shall have 10 working days to consider such objections before issuing final decision. The County Commission may, in its discretion, take additional evidence or require 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 substantial evidence exists in the record to support the hearing officer's recommendation. (Ord. 95-19, 9/12/95;Ord. 92-5, 9/1/92)