§ 37-61. Hearing on application.

(a)

The license administrator shall conduct a hearing on all applications for new livery vehicle business licenses. Such applications shall be processed in the order in which they are received by the license administrator. The license administrator shall conduct a hearing on applications for renewal of livery vehicle business licenses whenever the license administrator has information that causes the license administrator to question whether the business will be conducted in accordance with the provisions of this article.

(b)

The applicant shall have full right to be represented by counsel, to produce witnesses, and to cross examine all witnesses. A record shall be made of the proceedings at such hearing, which shall be transcribed at the expense of the party requesting the transcription. After the hearing, the license administrator shall, without unnecessary delay, either grant or deny such application. In the grant or renewal of a livery vehicle license, the license administrator is authorized to determine whether the applicant will conduct the business in accordance with the provisions of this chapter. This determination shall be based on information provided by the applicant, sworn testimony of witnesses, if any shall be forthcoming, and official records of any municipal, state or federal government or court. Such determination can result in the denial of the livery vehicle business license or renewal or the unrestricted or restricted grant thereof. Any person affected by the action of the license administrator in granting or denying an application for a livery vehicle business license may appeal such action to the county administrator who shall review the record made at the hearing called for in this section, and on the basis of the review shall affirm, reverse or modify the action of the license administrator.

(c)

Any person affected by the action of the county administrator in granting or denying an application for a livery vehicle business license may appeal such action to the unified government board of commissioners which shall review the record made at the hearing called for in this section, and on the basis of the review shall affirm, reverse or modify the action of the county administrator. Appeals under this section shall be made within five days of the date of the decision appealed.

(Code 1988, § 37-50; Ord. No. O-30-03, § 1, 8-7-2003)