Sec. 86-55. Hearing procedure.
(a)
(1) An applicant shall be entitled to a hearing before the director if the licensing administrator denies the issuance of a license under the provisions of this chapter.
(2) Any applicant who has been denied a license under the provisions of section 86-36 may appeal the decision of the licensing administrator to the director by submitting an appeal request in writing to the director within 20 days following the date of such decision. Such request shall set forth the reasons for the appeal. Only those matters specifically addressed in such request shall be considered by the director. The director shall conduct an appeal hearing no later than 20 days following the receipt of such request.
(b)
(1) A licensee shall be entitled to a hearing before the director if the licensing administrator or other complainant seeks to suspend or revoke, or deny the renewal of a license under the provisions of this chapter.
(2) Where there is probable cause to believe that grounds for suspension, revocation, or denial of renewal exists, the director shall notify the licensee in writing of the contemplated action and, in general, the grounds therefor. The director shall further order the licensee to appear before the director for the purpose of a hearing on a specified date to show cause why such suspension, revocation, or denial of renewal should not occur. The hearing shall take place no later than 20 days following the issuance of such order.
(c) At any hearing, the director shall hear such statements and consider such evidence as the licensing administrator and the applicant or licensee shall offer which is relevant to the grounds alleged in the notice. The director shall make findings of fact from the statements and evidence offered as to whether substantial evidence exists to support denial, suspension, or revocation of the license. If such evidence exists, the director shall issue an order for such denial, suspension, or revocation as provided for in this chapter.
(d) The order of the director made pursuant to subsection (c) of this section shall be a final administrative decision subject only to judicial review in the appropriate district court pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The failure of an applicant or licensee to seek review of such order within 30 days of the director's final administrative decision shall constitute a waiver of any right to contest the denial, suspension, or revocation of the license. The filing of an appeal with the district court shall stay the action appealed from until the district court renders its final decision.
(e) The director shall have the power to administer oaths, issue subpoenas, and, when necessary, grant continuances. Subpoenas may be issued to require the presence of persons and the production of papers, books, and records necessary to the determination of any hearing which the director conducts. It is unlawful for any person to fail to comply with any subpoena issued by the director. A subpoena shall be served in the same manner as a subpoena issued by the municipal court.
(f) All hearings held before the director regarding denial, suspension, or revocation of a license shall be recorded stenographically or by an electronic recording device. Any person requesting a transcript of such record shall post a deposit in the amount required by the director, and shall pay all costs of preparing such record. (Ord. No. 2004-61, § 1, 10-11-2004; Ord. No. 2003-01, § 1, 1-27-2003; Ord. No. 98-86, § 2, 11-30-1998)