§ 76-142. Hearing.

(a)

Whenever the director has knowledge of any action or condition which would constitute grounds for the suspension or revocation of any vehicle permit or driver's certificate issued under this article, or other reasonable cause to believe such grounds exist, he shall hold a hearing to ascertain all facts in the matter and determine whether or not the vehicle permit or driver's certificate should be suspended or revoked. Not less than ten days' prior written notice shall be served on the person holding such vehicle permit or driver's certificate by personal service or mailed by certified or registered mail to him at the address provided by the applicant, setting out the reason for the hearing and the conditions under which the hearing will be held. The vehicle permit or driver's certificate holder shall have full right to be represented by counsel, to produce witnesses, and to cross examine all witnesses who may appear against him. All procedures in such hearings shall be recorded stenographically, mechanically or electronically or by a combination thereof and shall be transcribed at the expense of the party requesting the transcription. Subpoenas shall be issued by the director for any witness whose presence is desired at any hearing or proceeding before the director to suspend or revoke a vehicle permit or driver's certificate, and such subpoenas may be served by any member of the city police department or any holder of a special officer's commission issued by the board of police commissioners. Such subpoenas shall be served and return thereon shall be made in the same manner provided by law in civil suits in the circuit court of this state.

(b)

Witnesses may also appear voluntarily at such hearings and testify. Before any witness shall testify in any such hearing, he shall be sworn by the director to tell the truth and nothing but the truth. The director's decision and order shall be in writing and shall include, if so requested, findings of fact and conclusions of law. No suspension or revocation ordered by the director following a hearing in accordance with this section shall become effective until ten days after the order has been issued. Anyone affected by the action of the director under this section may seek judicial review in the manner provided by law.

(Ord. No. 150203 , § 2, 4-9-15)