§ 41-41. Suspension, revocation or denial.

(a)

Any permit issued under the provisions of this chapter may be suspended or revoked or any permit may be denied by the director, after due notice and affording an opportunity for a hearing, for any violation of the provisions of this chapter. Within ten days after the denial, suspension or revocation of any permit issued under this chapter, or for any other cause expressly allowed in this chapter, any person aggrieved thereby may apply in writing to the director for a hearing thereon, and the director shall then promptly set a time and date for a hearing thereon.

(b)

Hearing procedures. The following procedures shall apply to all hearings conducted under this section:

(1)

The applicant, permittee or an owner, as the case may be, shall have full right to be represented by counsel; produce witnesses and other evidence, and to cross examine all witnesses who appear against him. Oral evidence shall be taken only upon oath or affirmation. All proceedings in such hearing shall be recorded and transcribed as required by law. The director may receive evidence relevant to the issues from the applicant, permittee or from other sources.

(2)

If a hearing is held under the provisions of this chapter, then the director shall issue findings of fact and conclusions of law, and an order wherein he may approve or disapprove an application, suspend or revoke a permit previously issued, or renew or refuse to renew a permit previously issued. The director's order shall be served upon the applicant or permittee, as the case may be, in person or by registered or certified mail to the applicant's or permittee's last known address. If the director is not able to serve the order upon the applicant, permittee, or applicant for renewal permit in the manner stated in this subsection, and any notice sent by mail is returned by the postal service, the director shall cause the order to be posted at the principal entrance of the day labor business, and that posting shall be a valid means of service. The director's order shall also be posted for 30 days in the city's department of neighborhood and community services.

(c)

Unless otherwise provided in this chapter, any applicant or any other person aggrieved by the decision of the director under the provisions of this chapter may seek judicial review in a manner provided by law. The cost of a transcript of a hearing before the director shall be paid by the party requesting the transcript.

(Ord. No. 020717, § 1, 12-5-02)