[Ord. No. 2907 §§1 — 2, 4-13-2004]
Within ten (10) days after mailing or hand delivery of a license-related decision, a person shall have the right to file an application for appeal to a hearing officer on a form provided by the Director. For purposes of this Section, a "license-related decision" is a decision denying, suspending or revoking a license or certificate or placing an application on hold because of pending charges. Within thirty (30) days after receipt of a timely application for appeal, the Director shall schedule a hearing before a hearing officer. The applicant shall be provided at least ten (10) days written notice of the hearing date. A decision suspending or revoking a certificate or license shall be stayed pending the decision of the hearing officer, unless the decision includes a finding that there is a threat of irreparable injury. If the decision includes a finding that there is a threat of irreparable injury, the applicant, upon request, shall be granted an expedited hearing, which shall be held no later than ten (10) days after the request, unless the Director or the hearing officer enters an order staying the decision or the applicant consents to a later time.
[Ord. No. 2907 §§1 — 2, 4-13-2004]
The hearing shall be conducted in the manner set forth in Section 536.070, RSMo. A record of the hearing shall be made. As soon as practicable after the hearing, the hearing officer shall issue a decision and order, including findings of fact and conclusions of law, affirming, modifying or reversing the decision.
[Ord. No. 2907 §§1 — 2, 4-13-2004]
Within ten (10) days following the date of mailing of the hearing officer's decision, the applicant may file an application to have the decision and order reviewed by the Commission. The Commission may summarily allow or deny an application for review of a hearing officer decision and may summarily stay or not stay the decision of the hearing officer pending its review. If the application is allowed, the Commission may affirm, reverse or modify the decision of the hearing officer based on the evidence previously submitted or based on additional evidence taken before the Commission. The Commission shall promptly notify the parties of its decision and order.
[Ord. No. 2907 §§1 — 2, 4-13-2004]
The time limitations for court review shall run from the date of mailing of the order of the Commission denying the application for review of the hearing officer's decision or affirming, modifying or reversing the decision of the Hearing Officer.
[Ord. No. 2907 §§1 — 2, 4-13-2004]
A. 
Hearing officers appointed by the Commission shall be familiar with this code and possess the ability to conduct a fair and impartial hearing in accordance with the hearing procedures set forth in Section 536.070, RSMo., and to render a fair and impartial decision including findings of fact and conclusions of law.
B. 
A hearing officer shall not be a member or employee of the Commission or employed by or own a substantial interest in any hotel or restaurant located in the City or County or any business entity engaged in the business of carrying persons for hire on the streets of the City or County. "Substantial interest" means ownership by any member of the hearing officer's immediate family, directly or indirectly, of ten percent (10%) or more of any business entity. "Immediate family" means the hearing officer and his or her spouse and their parents, children, brothers, sisters and spouses thereof.
C. 
The compensation of hearing officers shall be established by the Commission.