§ 30-75. Hearing.

(a)

If a request is made for a hearing by the applicant or permittee, pursuant to this division, a hearing shall be conducted by the hearing officer. The chief of police 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. If 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 chief of police, applicant, or permittee. The hearing shall be tape recorded, and all documents presented as evidence shall be maintained as part of the record of the hearing. At the request of either the chief of police, applicant, or permittee, the city clerk shall, on behalf of the city council, issue subpoenas for attendance of witnesses at the hearing.

(b)

At the conclusion of the hearing, the hearing officer shall issue a written decision, including findings of fact and conclusions. For 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, and the provisions of section 8.36.010 of the Sacramento County Code, as adopted by the city, shall not be applicable to proceedings under this article. If the hearing officer's decision is adverse to the applicant or permittee, the decision shall advise the applicant or permittee that chapter 26, article II, provides for judicial review, and a copy of chapter 26, article II, shall be attached to the decision. The decision shall further advise the applicant or permittee that the time limits for judicial review are governed by Code of Civil Procedure § 1094.6.

(Ord. No. 97-01, § 2(9.96.130), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 97-23, § 1(9.96.130), 12-17-1997)