§ 16-613. Appeal procedure.

(a)

Upon receipt of a written notice of appeal, the general manager or designee shall set an appeal hearing to be held within twenty (20) working days and shall give notice of the hearing as provided in this chapter. The notice of hearing shall also state that if the aggrieved party is not present at the time of the hearing, the denial shall be upheld.

(b)

When required in the interest of justice, the general manager or designee may grant continuances of the hearing, but all hearings pursuant to this article shall be heard not later than thirty (30) working days from the date on which the notice of appeal was filed.

(c)

The burden of proof shall be on the aggrieved party, who must establish by clear and convincing evidence that the individual applying for the license meets the eligibility criteria established pursuant to Arizona Revised Statute Section 41-1080.

(d)

If the aggrieved party is not present at the place and time the hearing is scheduled, as specified in the notice of hearing given pursuant to this chapter, or within fifteen (15) minutes thereafter, the general manager or designee, may infer that the licensee's absence is voluntary and shall uphold the denial absent a showing of good cause.

(e)

At the conclusion of the hearing, the general manager or designee shall rule on the appeal within ten (10) working days, unless all parties stipulate that additional time is required to render a fair decision. The general manager or designee shall notify the appellant of the ruling in writing, by mail, if a decision was not rendered at the time of the hearing.

(Ord. No. 3820, § 1, 12-9-08)