8-3B-17: REVIEW OF REVOCATION OR SUSPENSION OF PERMIT:

   A.   Request For Review: Upon receipt of a notice of suspension or revocation, a permittee may request a review by the Director within ten (10) business days after the date the notice is mailed or otherwise delivered to the permittee.

   B.   Information Required: A request for a review shall contain the following information:

      1.   The name of permittee;

      2.   The airport permit number; and

      3.   The reasons for which the review is requested set forth with specificity.

   C.   Director Review: Upon receipt of a request for review, the Director shall:

      1.   Review the decision or action and any information submitted by a permittee; and

      2.   Communicate with the permittee if additional documentation or clarification is required.

   D.   Refusal To Consider: The Director will refuse to consider any request for review that is not received within ten (10) business days of the date of the notice of suspension or revocation.

   E.   Failure Of Permittee To Respond: If the permittee fails to respond to communication requests, the revocation or suspension shall become effective at twelve o'clock (12:00) midnight on the effective date of the notice.

   F.   Burden Of Proof: The permittee has the burden of proof and must establish that the decision to revoke or suspend the permit was arbitrary or capricious.

   G.   Review Decision With Permittee: The Director shall review the decision or action and the reasons therefor with the permittee. The permittee, in person, may present any evidence showing reason why the decision or action was arbitrary or capricious.

   H.   Failure To Appear: If a permittee fails to appear at the review, the Director shall uphold the suspension or revocation.

   I.   Written Decision; Time Limit: The Director's written decision will be issued within seven (7) business days of the review. The Director's written decision will include the reasons supporting the decision.

   J.   Effective Date Of Decision: The Director's decision shall become effective ten (10) business days after the date the written decision is mailed or hand delivered to the permittee.

   K.   Prohibited Review: The review shall not be conducted by the individual who issued the notice of revocation or suspension. (Ord. 3-17, 2-7-2017)