5.64.130 Hearing on license and work permit denial or revocation.

             A.               Any person whose application for a license or work permit under this chapter has been denied, or whose license or work permit has been revoked pursuant to the provisions of this chapter, shall have the right to a hearing before the chief of police or his or her designee prior to final denial or prior to revocation.

             B.               The chief of police shall give the applicant, licensee or employee written notice of the intent to deny the application or to revoke the license or work permit. The notice shall be mailed, postage prepaid, to the last known mailing address of the licensee or employee and set forth the ground or grounds for the chief of police’s intent to deny the application or to revoke the license or work permit and shall inform the applicant, licensee or employee that he or she has ten (10) days from the date of mailing of the notice to file with the police department a written request for a hearing. The application may be denied or the license or work permit revoked if a written request for hearing is not received within the ten (10) day period.

             C.               If the applicant, licensee, or any employee who is required to obtain a valid work permit files a timely request for hearing, the chief of police shall set a time and place for the hearing. All parties involved shall have the right to: (1) offer testimonial, documentary and tangible evidence bearing on the issues; (2) be represented by counsel; and (3) confront and cross-examine any witnesses against them. If the hearing is before a designee of the chief of police, the designee shall make a written recommendation following the hearing regarding whether an application should be denied or a license revoked. The decision of the chief of police whether to deny the application or revoke the license or work permit shall be appealable by the applicant/licensee to the city council, pursuant to Sections 1.24.010 through 1.24.030 of this code, at which proceeding the chief shall have the burden of proof to justify his decision by a preponderance of the evidence. Time for hearing for denial of the license shall be held within seventy (70) days of the application. A revocation hearing shall be held within thirty (30) days of a notice stating intent to revoke the license or work permit. (Prior code § 28.05.512)