3-1A-25: REVIEW OF DIRECTOR'S DECISION:

   A.   Filing Time Limit: A licensee or applicant may request a review of the Director's decision by a Hearing Officer within ten (10) business days of the effective date of the Director's decision.

   B.   Information Required: A request for review of the Director's decision must be filed in writing and must include that information set forth in section 3-1A-23 of this article. In addition, the request for review must be accompanied by a copy of the decision or action that is the subject of the review and identify all legal and factual basis of disagreement with the Director's decision. Requests for review must also include the applicant's or licensee's intent to be represented by legal counsel and include payment of a fee as established by the City Council.

   C.   Burden Of Proof: The applicant or licensee has the burden of proof and must establish that the decision or action of the Licensing Officer was arbitrary or capricious.

   D.   Decision Of Default For Failure To Appear: If an applicant or licensee fails to appear at the review hearing, the Hearing Officer shall enter a proposed decision of default. The proposed decision of default may be rescinded if, within ten (10) business days of the date of mailing, the applicant or licensee submits a written explanation for not appearing, which the Hearing Officer finds substantial and reasonable. (Ord. 2-26, 2-10-2026)