[Ord. No. 4924 §§1 —
2, 3-7-2005]
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. 4924 §§1 —
2, 3-7-2005]
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. 4924 §§1 —
2, 3-7-2005]
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. 4924 §§1 —
2, 3-7-2005]
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 decision or affirming, modifying
or reversing the decision of the hearing officer.
[Ord. No. 4924 §§1 —
2, 3-7-2005]
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.
