If the Administrator determines that facts exist for denial, suspension, revocation or nonrenewal of a license under this Code, the Administrator shall notify the applicant/licensee in writing of the intent to deny, suspend or revoke the license, including the grounds therefor, by personal delivery, or by certified mail. Such notice of intent shall be issued within twenty (20) business days of the Administrator’s receipt of a completed application for an initial or renewed license or within one (1) year of discovery of the grounds of revocation or suspension. The notification shall be directed to the most recent business address appearing on the application.
Within ten (10) working days of receipt of such notice, the applicant/licensee may file a written appeal with the Administrator on the denial, suspension, revocation or nonrenewal of the application/license; applicant/licensee may include a statement of reasons why the application/license should not be denied, suspended, revoked or nonrenewed. Within five (5) working days of receipt of applicant’s/licensee’s written appeal, the Administrator or a Hearing Officer shall notify the appealing party in writing of the place, date and time of hearing, which shall be held within thirty (30) calendar days. This and all other timelines in this section can be waived if agreed to by the appellant and the Administrator in writing. Prior to the hearing, both sides shall provide copies of all documents they relied on and intend to introduce as evidence at the hearing as well as a list of witnesses they intend to call during the hearing. Such evidence and witness list shall be shared by the parties no later than seven (7) calendar days before the hearing. No other discovery shall be permitted. Upon request, the Hearing Officer may consider appropriate sanctions if either side fails or refuses to timely provide the other side with copies of documents or a witness list as required by this Section.
At the hearing, both the appellant and the Administrator shall have the right to present documentary evidence and witnesses. The Administrator shall proceed first and has the burden of proof which shall be by a preponderance of the evidence. Both sides may cross-examine the witnesses called by the other side. After the Administrator has rested and appellant has provided its defense and rested, both sides shall be given an opportunity to present a closing argument with the Administrator going first, followed by the appellant, and a rebuttal permitted by the Administrator.
The technical rules of evidence shall not apply, but in ruling on the admissibility of evidence, the Hearing Officer may require reasonable substantiation of statements or records tendered where the accuracy or truth of which is in reasonable doubt.
Irrelevant, immaterial, unreliable, unduly repetitious or cumulative evidence, and evidence protected by the rules of privilege (such as attorney-client, physician-patient or special privilege) shall be excluded by the Hearing Officer upon timely objection.
Witnesses shall be sworn and the hearing recorded, and either party may, at their own expense, make arrangements to have the hearing transcribed by a certified court reporter.
The Hearing Officer shall issue a written recommended decision to the parties and the Board of County Commissioners within ten (10) business days of the hearing on the issues raised by the appeal. The recommended decision shall include written findings of fact, conclusions of law and a proposed decision. The Administrator and applicant/licensee can settle a matter at any time prior to the Hearing Officer’s issuance of a recommended decision. The Administrator shall cause the recommended decision to be placed on the agenda of the Board at its next available meeting so long as its placement complies with the notice requirements of the Open Meetings Act.
The Board shall issue a final decision that accepts or rejects the findings, conclusions or recommended decision of the Hearing Officer. If the Board rejects or deviates from the recommended decision of the Hearing Officer, its final decision shall be supported by a preponderance of the evidence after conducting an independent review of the recording or transcript of the hearing together with all documents introduced. No further testimony or evidence shall be presented to the Board by anyone during this proceeding. Any final decision by the Board shall include a statement advising the applicant/licensee of the right to appeal a final decision to a court of competent jurisdiction. If the Board determines that no grounds exist for denial, suspension or revocation of a license/application, then the Administrator shall promptly issue the initial or renewed license as the case may be.
Upon a licensee’s/applicant’s filing of any court action to appeal, challenge, restrain, or otherwise enjoin the County’s enforcement of the denial, suspension, or revocation, the Administrator shall immediately issue the aggrieved party a Provisional License. The Provisional License shall allow the aggrieved party to continue operation of the sexually oriented business and will expire upon the court’s entry of a judgment on the aggrieved party’s court action.
Only a final written determination of the Administrator to deny, suspend, revoke or non-renew a license or application may be appealed for hearing before a Hearing Officer.
