City of Wildwood, MO Article V Suspension Or Revocation Of License

Section 625.280 Suspension Or Revocation Initiated By Director.

[R.O. 1997 § 625.280; Ord. No. 51 § 28, 9-1-1995]

If the Director believes that the day-care home is being operated in violation of any City ordinance or conditions imposed upon the license, he/she may suspend a day-care home license until he/she believes the conditions giving rise to the violation of the conditions has abated, or he/she may revoke the license. The revocation of the license shall not be effective for five (5) weekdays following actual delivery of the notice to the licensee. If the licensee believes that such suspension or revocation is made in error, then the licensee may appeal within the five-day period to the Day-Care Home Commission as provided below. The filing of such appeal shall stay the suspension or revocation until the review of the Day-Care Home Commission has been completed.

Section 625.290 Powers Of Commission.

[R.O. 1997 § 625.290; Ord. No. 51 § 29, 9-1-1995]

A. The Day-Care Home Commission is hereby authorized to:

1. Hear and decide appeals where it is alleged that there is an error of law or fact in any order, requirement, decision or determination made by the Director in the enforcement of this Chapter;

2. Interpret the provisions of this Chapter in such a way as to carry out its intent and purpose;

3. Advise the Director on such matters pertaining to day-care home as the Director may refer to the Day-Care Home Commission or the Day-Care Home Commission may on its own motion consider; and

4. Issue rules, following public hearing, regarding conditions which may be lawfully imposed upon day-care home applicants by the Director.

Section 625.300 Procedure On Appeals.

[R.O. 1997 § 625.300; Ord. No. 51 § 30, 9-1-1995]

A. An appeal to the Commission may be made by:

1. The applicant or licensee from any decision of the Director, or

2. Other persons in the manner described in Sections 625.220 through 625.270. An appeal made pursuant to Section 625.280 shall be made within the time period prescribed in that Section. All other appeals shall be made within fifteen (15) days of the decision appealed from. An appeal to the Commission from the suspension or revocation of a permit or approval, approval with conditions or disapproval of a license or renewal license application may only be made from the final decision of the Director.

B. Appeals shall be filed with the Director upon such forms as are approved for such purpose by the Commission. Each appeal shall be accompanied by a fee of one hundred dollars ($100.00). Appeals to the Commission shall be instituted by filing a notice of appeal with the Commission within fifteen (15) days after mailing or delivery of the Director's final decision.

C. Before making its decision on any appeal, the Commission shall hold a public hearing thereon. At least five (5) days' notice of the time and place of such hearing shall be sent by certified mail to the appellant and each other person known to the Director to have any interest in the appeal. Such notice shall contain the name of the appellant, the date, time and place fixed for the hearing, and a brief statement of the subject of the appeal. In addition, notice of the hearing shall be published in one (1) newspaper of general circulation in the City not less than five (5) days prior to the hearing.

D. Hearings may be adjourned from time to time; and if the time and place of the continued hearing be publicly announced at the time of the adjournment, no further notice of such continued hearing shall be required.

E. The Commission may adopt rules of procedure not inconsistent with law. A majority of the Commission shall constitute a quorum.

F. The Chairman or other presiding officer may administer oaths and compel the attendance of necessary witnesses at hearings or meetings.

G. The Commission shall cause adequate minutes of its proceedings to be kept and shall record or otherwise provide for the ability to prepare a transcript of all evidence and testimony presented in any hearing.

H. All decisions of the Commission shall be by order, in which a majority of those members participating in a hearing shall concur. Each order shall set forth the decision and a statement of the grounds and any findings forming the basis of such decision, and the full text of the order and record of members' votes shall be incorporated into the minutes of the Commission meetings.

I. A decision of the Commission that the Director erroneously determined the facts or applied the law shall contain a statement of the decision which the Director ought to have made, and such decision shall have the same force and effect as though the Director had made the decision. The Commission shall not make a determination that the Director acted erroneously and refer the matter back to the Director for a different determination. The decision of the Commission shall be final.

J. The deliberations and records of the Commission shall be open to the public.

K. An appeal to the Commission shall operate as a stay of an order denying a permit or suspending or revoking a permit or denying renewal of a license unless the Director specifically determines in his/her order that a stay would produce an immediate and irreversible threat to the public health and welfare.

L. No issue pertaining to a specific party which has been previously specifically decided by the Commission shall be subject to rehearing unless a substantial change of conditions is alleged in the notice of appeal. An issue which has been previously decided by the Commission shall not be modified by a subsequent decision of the Commission unless a substantial change in fact has been shown to exist.