§ 6.08.170. Reconsideration by the tax collector.

(a)

With the exception of applicants for business licenses for cannabis businesses, card games, card tables, and fireworks displays, any applicant aggrieved by the action of the tax collector with regard to issuing, renewal, suspension, or revocation of the license, shall have the right to request a reconsideration hearing before the tax collector.

(b)

Upon receiving a request for reconsideration, the tax collector shall promptly schedule a time and place for a hearing, and shall give the applicant or licensee, by certified mail, at least seven days' notice of the date and place of the hearing.

(c)

Where the tax collector has taken adverse action against a licensee or applicant based on the recommendation of another regulating department, the tax collector shall provide prompt notice to the appropriate regulating departments, such notice being given at least seven days prior to the date of the hearing. The notice will state the date and place for the hearing. The notice may be served on the regulating departments by United States Postal Service, by independent mailing service, by interoffice messenger, or by electronic service.

(d)

At the reconsideration hearing before the tax collector, the applicant or licensee and the regulating department, if any, or their authorized representative, may present such facts and evidence, and written or oral arguments as is necessary and appropriate to address the grounds on which the business license was denied, suspended, revoked, refused renewal, or had changed conditions imposed upon it.

(e)

The tax collector shall hold a hearing and, as indicated by the evidence received at the hearing, shall deny the application, revoke the business license, impose conditions on the license continuing to remain in effect, or terminate the suspension and restore the license.

(f)

The tax collector shall create a policy of selecting hearing officers consistent with the applicant's right to due process. The tax collector is authorized under this policy to delegate the function of reconsideration hearings to administrative hearing officers under contract or employees of other county departments. Such a policy shall be approved by the tax collector and by the chief administrative officer of the county, or their designees.

(g)

The applicant shall have the right to counsel, to compel attendance of witnesses, to confront and cross-examine witnesses, and to present evidence to the extent necessary to comport with administrative due process.

(h)

The reconsideration hearing shall not be governed by the formal rules of evidence. Evidence rules shall be consistent with those normally applicable in administrative hearings, including such rules allowing the use of hearsay in administrative hearings.

(i)

The hearing shall either be recorded, or a shorthand reporter shall transcribe the proceedings, at the tax collector's discretion. The applicant may, at the applicant's expense, elect to have a shorthand reporter attend the hearing and transcribe the hearing, as long as the tax collector is satisfied as to the reporter's neutrality and independence.

(j)

The hearing officer shall notify the tax collector, the applicant, and any applicable regulating department within fourteen days of the hearing's submission.

(Ord. No. 3296, § 3, 4-21-15; Ord. No. 3380, § 1, 11-11-18)