5.15.070 Appeal from denial or from notice or order.
A. The city hearing examiner is designated to hear appeals by applicants or licensees aggrieved by actions of the mayor, or designee, pertaining to any denial, civil penalty suspension, or revocation of business licenses, in accordance with Chapter 1.25 ACC; provided, that the hearing examiner may adopt reasonable rules and regulations for conducting such appeals. Copies of all rules and regulations so adopted shall be filed with the business license clerk, who shall make them freely accessible to the public.
B. Any licensee may, within 20 days after receipt of a notice of denial of application or of a notice and order, file with the business license clerk a written notice of appeal containing the following:
1. A heading with the words: “Before the Hearing Examiner of the City of Auburn”;
2. A caption reading: “Appeal of ________” giving the names of all appellants participating in the appeal;
3. A brief statement setting forth the legal interest of each of the appellants in the business involved in the denial or notice and order;
4. A brief statement, in concise language, of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant or appellants;
5. A brief statement, in concise language, of the relief sought, and the reasons why it is claimed the protested action or notice and order should be reversed, modified, or otherwise set aside;
6. The signatures of all persons named as appellants, and their official mailing addresses;
7. The verification (by declaration under penalty of perjury) of each appellant as to the truth of the matters stated in the appeal.
C. As soon as practicable after receiving the written appeal, the business license clerk shall fix a date, time, and place for the hearing of the appeal by the hearing examiner. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing by the business license clerk, by mailing a copy thereof, postage prepaid, by certified mail with return receipt requested, addressed to each appellant at their address shown on the notice of appeal.
D. At the hearing, the appellant or appellants shall be entitled to appear in person, and to be represented by counsel and to offer such evidence as may be pertinent and material to the denial or to the notice and order. The technical rules of evidence need not be followed.
E. Only those matters or issues specifically raised by the appellant or appellants in the written notice of appeal shall be considered in the hearing of the appeal.
F. Within 10 business days following conclusion of the hearing, the hearing examiner shall make written findings of fact and conclusions of law, supported by the record, and a decision which may affirm, modify, or overrule the denial or order of the mayor, or designee, and may further impose terms as conditions to issuance or continuation of a business license; provided, that where deemed necessary by the hearing examiner, at the conclusion of the hearing or within the 10 business days following conclusion of the hearing, the hearing examiner may announce the need for a longer time-period, not to exceed 30 days, within which the written findings of fact and conclusions of law and decision shall be made.
G. Any party aggrieved by the decision of the hearing examiner may appeal that decision to the city council by filing a written notice of appeal, within 10 days after receipt of the decision of the hearing examiner, with the business license clerk. The business license clerk shall transmit a complete copy of the hearing examiner’s record, findings and conclusions, and decision, and all exhibits, to the city council and shall cause the appeal to be placed upon the agenda of the city council within 30 days after receipt of the notice of appeal. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing by the business license clerk, by mailing a copy thereof, postage prepaid, by certified mail with return receipt requested, addressed to each appellant at their address shown on the notice of appeal.
H. Enforcement of any suspension or revocation of any business license, or other order of or by the mayor, or designee, shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.
I. Failure of any aggrieved party to file an appeal in accordance with the provisions of this chapter shall constitute a waiver of the right to an administrative hearing and adjudication of the denial or of the notice and order. (Ord. 5897 § 6, 2005; Ord. 5754 § 2, 2003.)