6-10B-20: ADMINISTRATIVE REVIEW HEARING BY DIRECTOR:

   A.   Review Requirements: If the Director receives a request for an administrative review hearing, the Director shall:

      1.   Schedule a date for the hearing not more than fifteen (15) business days and not less than seven (7) business days after the Director receives the request;

      2.   Notify the permittee or applicant of the date, time and location of the hearing; and

      3.   State in the notice that the applicant or permittee must appear at and participate in the hearing in order to contest the denial, nonrenewal or the proposed suspension or revocation.

   B.   Requests Beyond Time Limit: The Director shall not consider any request for review that is not received within seven (7) business days of the date of the mailing or hand delivery of final resolution of the informal review.

   C.   Permittee Failure To Appear: If the permittee fails to appear at the hearing, the decision or action shall become effective at twelve o'clock (12:00) midnight the day following the hearing.

   D.   Burden Of Proof: The applicant or permittee has the burden of proof and must establish that the decision or action of the Parking Services Office was arbitrary or capricious.

   E.   Informal Hearings: The hearings shall be conducted informally. The Director or his designee shall review the decision or action and the reasons therefor with the applicant or permittee. The applicant or permittee, in person or through his attorney, may present any evidence showing reason why the decision or action was arbitrary or capricious. The Director shall cause an audio or video recording to be made of the hearing.

   F.   Default Decision: If an applicant or permittee fails to appear at the administrative review hearing, the Director shall enter a proposed decision of default upholding the denial, suspension or revocation. The proposed decision of default may be rescinded if, within seven (7) business days of the date of mailing, the applicant or permittee submits a written explanation for not appearing, which the Director finds substantial and reasonable.

   G.   Decision; Time Limit: The Director's written decision will be issued within seven (7) business days of the hearing. The Director's decision will include the reasons for his decision.

   H.   Effective Date Of Decision: The Director's decision shall become effective ten (10) business days after the date the decision is mailed or hand delivered to the applicant or permittee. (Ord. 56-15, 12-1-2015)