5.02.150 Appeals.
A. Any person aggrieved by a decision of the City Administrator may appeal such determination to the Hearing Examiner pursuant to this section.
B. Form of Appeal. An appeal must be in writing and must contain the following:
1. The name and address of the appellant;
2. A statement identifying the decision being appealed;
3. A statement setting forth the grounds for the appeal and identifying specific errors the City Administrator is alleged to have made in making the decision; and
4. A statement identifying the requested relief.
C. Time and Place to Appeal; Appeal Fee. An appeal shall be filed with the City Administrator with a copy to the City Clerk’s office no later than 14 calendar days following the date the notification of suspension, revocation, or denial is deemed received pursuant to IMC 5.02.140. The appeal must be accompanied by a nonrefundable appeal processing fee in the amount set forth in IMC 1.32.030. Failure to follow the appeal procedures in this section shall preclude the appellant’s right to appeal.
D. Appeal Hearing. The City Clerk shall transmit the appeal to the Hearing Examiner. The City Clerk shall work with the Hearing Examiner to schedule a hearing date and notify the appellant and the City Administrator of such hearing date. The Hearing Examiner shall conduct an appeal hearing in accordance with this chapter and procedures established by the Hearing Examiner.
E. Burden of Proof. The appellant shall have the burden of proving by a preponderance of the evidence that the determination of the City Administrator is erroneous.
F. Hearing Record. The Hearing Examiner shall make an electronic sound recording of each appeal hearing unless the proceedings are conducted solely in writing.
G. Decision of the Hearing Examiner. Following the hearing, the Hearing Examiner shall enter a decision on the appeal, supported by written findings and conclusions in support thereof. A copy of the findings, conclusions and decision shall be mailed to the appellant and to the City Administrator.
H. During the pendency of an appeal of a notification of suspension or revocation of a license issued pursuant to this chapter, the City Administrator’s determination shall be stayed. (Ord. 2972 § 1 (Exh. A), 2022).