§ 27-120. Appeal from denial, revocation or suspension.

(a)

An applicant who has been denied a vending permit based on personal qualifications or a permittee whose permit has been revoked or suspended for cause after an informal hearing with the tax and license manager may appeal such decision to a hearing officer. The appeal shall be requested within ten (10) days from the date on which such person is given notice of the determination from which the appeal is taken. The request shall be in writing, shall be filed with the city manager and shall set forth specifically the grounds for the appeal.

(b)

The city manager shall appoint a hearing officer to conduct a hearing in accordance with this section. The hearing officer shall not be a member of the tax and license division or of the parks and recreation department. The hearing officer may, in his or her discretion, stay any revocation or suspension pending final determination of the appeal.

(c)

The burden of proof at the hearing shall be on the applicant or permittee to establish, by a preponderance of the evidence, that he or she meets all of the requirements for holding a vending permit. The hearing officer shall hear such testimony and consider such evidence as is relevant to the determination of such issue. The hearing officer shall not be bound by technical rules of evidence or procedure in conducting the hearing.

(d)

The hearing officer shall render a written decision within thirty (30) days after the hearing is concluded based on the evidence presented by the city and the applicant or licensee. The decision of the hearing officer shall be final.

(Ord. No. 1944, § 5, 5-27-97)