Chapter 7.24
APPEALS FROM EXECUTIVE DIRECTOR TO THE COMMISSION AND OTHER COMMISSION HEARINGS Revised 7/18
Sections:
7.24.010 Appeal from executive director action to the commission.
7.24.030 Revocation or suspension of license or permit by the commission. Revised 7/18
7.24.040 Commission hearing procedures. Revised 7/18
7.24.010 Appeal from executive director action to the commission.
A permittee may appeal a decision denying an application for his or her permit, a decision revoking or suspension his or her permit, or the issuance of a citation by the executive director affecting his or her permit. A chauffeur may appeal a decision denying an application for his or her license, a decision revoking or suspending his or her license, or the issuance of a citation by the executive director affecting his or her license. (Ord. 99-05 §3(part))
7.24.020 Time for appeal.
Each decision of the executive director shall be final unless the applicant, on or before the fifth day (weekends and observed holidays excluded) after the executive director’s decision, files with the city clerk a written notice of appeal to the commission. The notice of appeal need not be in any particular form, but must:
A. Evidence a desire to have the commission review the executive director’s decision;
B. List specific reasons why the applicant believes the executive director’s decision is incorrect; general assertions that the executive director’s decision is contrary to law or fact are not sufficient;
C. Identify the specific provisions, if any, of this chapter upon which the applicant will rely in his or her appeal to the commission; and
D. Be signed by the applicant or his or her authorized representative. (Ord. 99-05 §3(part))
7.24.030 Revocation or suspension of license or permit by the commission. Revised 7/18
The commission may suspend or revoke a license or permit in accordance with Sections 7.16.010, 7.20.010, and 7.20.020(B) after a hearing conducted in accordance with the procedures established in Section 7.24.040. The commission’s decision is final and may be appealed to the Utqiaġvik city council as set forth in Chapter 7.28. (Ord. 02-2017 §2(part); Ord. 99-05 §3(part))
7.24.040 Commission hearing procedures. Revised 7/18
A. Upon receipt of a notice of appeal of his or her action, the executive director shall cause copies of all pertinent documents relating to the claim, including minutes and tape recordings of the executive director’s hearings, if any, to be distributed to the commission members. The commission shall consider the appeal at a regular or special meeting within sixty days after it has been filed.
B. 1. In an appeal proceeding, the executive director or the appellant may be represented by an authorized representative, may call and examine witnesses, introduce exhibits, cross-examine opposing witnesses on matters relevant to the issues, impeach witnesses, and rebut adverse evidence. Relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of a common law or statutory rule that makes improper the admission of the evidence over objection in a civil action. Hearsay evidence may be used to supplement or explain direct evidence but is not sufficient by itself to support a finding unless it would be admissible over objection in a civil action. The rules of privilege are effective to the same extent that they are recognized in a civil action. Irrelevant and unduly repetitious evidence shall be excluded. The appellant has the burden of proof by a preponderance of the evidence if a license or permit has been suspended, revoked or not renewed. In all other cases, the executive director has the burden of proof by a preponderance of the evidence.
2. Prior to its closed session to consider the appeal, the commission shall hear oral argument by the parties, if requested to do so by either party. Consideration of an appeal by the commission is a quasi-judicial function as that term is used in the state Open Meetings Act, AS 44.62.30(d)(1), and the commission shall consider such an appeal and make its decision in closed session, from which the public and the executive director shall be excluded.
C. After due deliberation, the commission may affirm, reverse or modify the executive director’s decision, or remand the matter to the executive director with instructions for further proceedings. The commission shall announce its decision and state the specific reasons for its decision, either orally in an open tape-recorded meeting, or in writing, and shall give written notice of its decision to the parties by personal delivery or by certified mail. The commission’s decision is final and may be appealed to the Utqiaġvik city council as set forth in Chapter 7.28. (Ord. 02-2017 §2(part); Ord. 2001-14 §4: Ord. 99-05 §3(part))