Title 5 BUSINESS REGULATIONS AND LICENSES*
Chapter 5.02 REGISTRATION AND LICENSING OF BUSINESSES
5.02.060 Appeal and review.
Whenever an applicant, a licensee, or a registrant wishes to appeal any
decision of the town manager refusing to issue or renew a license or
registration, or suspending or revoking a license or registration, the
applicant, licensee, or registrant must first appeal to the town council in
compliance with the procedures set forth herein.
(a) A recipient may request
in writing, within ten days after notice of refusal to issue or renew a license
or registration, or suspending or revoking a license or registration, an
informal hearing to dispute the claim. The written request to dispute the claim
must be filed with the clerk-treasurer. The clerk-treasurer shall notify the
town council.
(b) Following notification, the town council
shall:
(1) Set the appeal for a hearing;
(2) Set a time, date, and
location for such hearing; and
(3) Notify the applicant, licensee or
registrant, and the town manager of the hearing time, date, and location at
least five working days prior to the hearing.
(c) The hearing shall be
conducted by the town council or its designated officer; provided however, that
the town manager shall not conduct such hearing.
(d) The applicant,
licensees, or registrant shall bear the burden of proof that the town
manager’s decision should be vacated. The town manager or person
appointed by the town manager may present evidence at the hearing which supports
the town manager’s decision.
(e) The decision of the town council or
hearing officers or his/her appointees shall be final and the decision, together
with reasons thereof, shall be delivered in writing within thirty working days
from the close of the hearing to the person taking the appeal with a copy
delivered to the town manager who shall keep all decisions on file in the town
manager’s office.
(f) All decisions shall become effective upon
delivery to the town manager. (Ord. 1058 §1(part), 2006).
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