§ 5-7-80. Appeal.

(a)

In the event that any person is aggrieved by a denial, revocation of, suspension of or a refusal to reinstate, a permit under this article, such person may appeal the action of the executive director by filing a written notice of appeal with the consumer affairs commission ("commission"). The notice shall include the following information:

(1)

the name and address of the appealing party;

(2)

whether the appeal involves the denial, revocation or suspension of, or the refusal to reinstate, a permit under this article; and

(3)

a brief statement summarizing the legal and factual basis for challenging the action of the executive director.

(b)

The appealing party shall file the notice of appeal within 15 days from the date of the notice of the executive director's action. For the purposes of this section, the notice of appeal shall be deemed filed as of the date that it is received in the Office of Citizen Assistance.

(c)

Upon the filing of a notice of appeal, the commission shall hold a hearing within 30 days after the filing of the notice of appeal unless otherwise agreed to by the party requesting the hearing. Notice of the date, time and place of the hearing and of the procedures to be followed shall be given to the appealing party at least 15 days in advance of the hearing. Failure on the part of the appealing party to appear at the hearing, except for good cause, shall be deemed a waiver of the right to a hearing.

(d)

The hearing shall be informal. The appealing party shall have the opportunity to question any person giving information and to present relevant information or testimony. It is permissible, but not required, for the appealing party to have an attorney present at the hearing. The commission shall keep a written or taped record of the hearing for a period of three years.

(e)

At the conclusion of the hearing, or within seven days thereafter, the commission shall either affirm, rescind or modify the executive director's action.

(f)

Filing of a notice of appeal shall stay suspension of a license, but shall not stay denial or revocation unless, upon application, the commission shall grant such a stay. (Code 1963, Sec. 4-32; Ord. No. 3696, 1/22/94, Secs. 1, 2)

Note: See the editorial note at § 5-7-79.