§ 40-9. Hearing.

In the event of a request for a hearing by the permittee, pursuant to the provisions of this chapter, a hearing shall be conducted by the hearing officer. The sheriff shall carry the burden of proof that grounds exist for denial or suspension. The applicant or permittee may appear, present evidence, and examine and cross-examine witnesses. In the event the applicant or permittee fails to appear at the time, date and place appointed for the hearing, the hearing shall be conducted in the absence of the applicant or permittee and the hearing officer shall render a decision based upon evidence presented during the hearing. For good cause, the hearing may be continued upon request of either the sheriff, applicant or permittee. The hearing shall be tape recorded, and all documents presented as evidence shall be maintained, together with the tape, for six (6) months. At the request of either the sheriff, applicant, or permittee, the clerk of the board of supervisors shall, in behalf of the board, issue subpoenas for attendance of witnesses at the hearing.

At the conclusion of the hearing, the hearing officer shall issue a written decision, including findings of fact and conclusions. In the case of a permit suspension, the decision shall determine the length of the suspension. The decision of the hearing officer shall be final as to all parties. Any court action shall be brought within six (6) months of the final decision.

(Ord. No. 2644, § 9, 11-17-87)