§ 19-393. Hearing procedure.

(a)

Whenever a hearing is required by the terms of this article, the procedures in this section shall be followed.

(b)

Any notice or letter issued under this article for the consideration of approval/disapproval, renewal/nonrenewal, suspension, or revocation of a license under this article shall be in writing, shall be addressed to the applicant, licensee or permittee (respondent), shall set forth the grounds therefor, and shall be delivered by personal delivery, or by certified mail. The notification shall be directed to the most current business address or other mailing address for the respondent that is on file with the unified government. Any notice shall be delivered or mailed at least seven business days in advance of the date of the hearing.

(c)

Upon institution of any proceedings, the chief of police or sheriff shall notify the respondent in writing of the hearing date on respondent's approval/disapproval, renewal/nonrenewal, suspension, or revocation proceeding. Within 30 days of the institution of proceedings, the unified government board of commissioners, in the case of a business license, or the chief of police or sheriff, or his designee, in the case of a permit, shall conduct a hearing at which respondent shall have the opportunity to present all of respondent's arguments and to be represented by counsel, and present evidence and witnesses on his, her or its behalf. The unified government may also be represented by counsel, and shall bear the burden of proving the grounds for disapproving, nonrenewing, suspending, or revoking the license.

(d)

The mayor or unified government clerk may administer oaths, request attendance of witnesses and the production of books, papers, accounts and documents, and examine witnesses and receive testimony at any hearing under this section. If any respondent fails to comply with a request for attendance issued by the unified government board of commissioners, the chief of police or the sheriff, or if any respondent refuses to testify in any matter regarding which he may be lawfully interrogated, such failure or refusal shall constitute grounds for disapproval, nonrenewal, suspension or revocation of the license.

(e)

If a respondent who has been notified of a hearing under this section does not appear, the hearing may proceed without him, and the unified government board of commissioners, the chief of police or sheriff may consider and dispose of the case, but in all cases the unified government board of commissioners, the chief of police or the sheriff, upon its own motion, may grant continuances from time to time. If the continuance is granted to a fixed future date by written consent or in the presence of the respondent or his counsel, no further notice of the hearing date need be given. In all other cases the same notice of hearing as in original hearings shall be given.

(f)

Any hearing shall take no longer than four hours, unless extended to meet the requirements of due process and proper administration of justice.

(g)

In determining cases involving the denial of a business license by the unified government board of commissioners upon appeal, or the suspension or revocation of licenses or permits, the unified government board of commissioners, chief of police or sheriff shall issue a decision on the issue before it within 21 days after the conclusion of the hearing. The failure of the unified government board of commissioners, chief of police or sheriff to act within such time period shall result in no suspension or revocation; provided, however, that new proceedings may be initiated.

(h)

Hearings before the unified government board of commissioners, chief of police or sheriff that result in the withholding of the issuance of a license or permit or in the suspending or revoking of a license or permit, the unified government board of commissioners may assess the costs of the hearing to the respondent.

(Ord. No. O-01-07(Res. No. R-01-07), § 1(2.5-19), 1-4-2007)