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A. In the event the finance director denies, suspends or revokes a license issued under this chapter, the finance director shall notify the applicant or licensee in writing of the decision at least ten (10) calendar days prior to the effective date of any such denial, suspension, or revocation. The notice shall describe the grounds for such denial, suspension, or revocation and shall inform the applicant or licensee of his or her right to appeal to the City Hearing Examiner within ten (10) calendar days of the date of the written decision by filing a written notice of appeal with the finance director containing a statement of the specific reasons for the appeal and a statement of the relief requested. The notice shall be served either in person or by mailing a copy of the notice by certified mail, postage prepaid, return receipt requested, to the applicant or licensee at his or her last known address.

B. If a licensee timely appeals a decision of the finance director, then the licensee may continue to engage in the activity for which the license was issued pending the decision of the City Hearing Examiner, unless the license was suspended or revoked based on a threat of immediate serious injury to public health or safety pursuant to RMC 5.68.160.B.

C. Within ten (10) calendar days of receiving a timely appeal, the finance director shall forward the administrative record of the licensing decision to the City Hearing Examiner.

D. In the event an applicant or licensee timely appeals the denial, suspension, or revocation of a license issued under this chapter, the City Hearing Examiner shall hold a hearing on the appeal within twenty (20) calendar days from receipt of the appeal. Written notice of the date, time, and place of the scheduled hearing shall be given to the applicant by the finance director at least five (5) calendar days prior to the hearing.

E. The City Hearing Examiner shall uphold the decision of the finance director unless it finds the decision is not supported by evidence in the administrative record.

F. The City Hearing Examiner shall issue a written decision within ten (10) calendar days of hearing the appeal. The decision shall be served either in person or by mailing a copy of the decision by certified mail, postage prepaid, return receipt requested, to the applicant or licensee at his or her last known address. The decision of the City Hearing Examiner shall constitute the final administrative decision of the City and may be appealed to superior court within ten (10) calendar days. The applicant or licensee shall be responsible for the costs of preparing the administrative record for judicial review.

G. If a licensee timely appeals a decision of the City Hearing Examiner, then the licensee may continue to engage in the activity for which the license was issued pending the decision of the court, unless the license was suspended or revoked based on a threat of immediate serious injury to public health or safety. (Ord. 2546 § 2 (part), 2010: Ord. 1966 § 10, 1998; Ord. 1920 § 3, 1996).