Sec. 31-205. Appeal of certification rejection, suspension or termination.
A. Time to appeal. A certification rejection, suspension or termination may be appealed by filing a written request for appeal with the City Manager within five business days of the date of notice of certification rejection, suspension or termination.
B. Appeal. If an appeal request is timely filed, within ten business days of the appeal request, the City Manager shall schedule an appeal hearing and designate a Hearing Officer who will conduct the hearing. The party requesting an appeal shall be allowed to appear, with or without counsel, and the City Manager may be allowed to appear, with or without counsel, to address the action taken.
C. Notice of appeal hearing. A notice shall be given to all parties involved in the hearing at least five business days prior to the date set for the appeal hearing. The notice shall include:
1. A statement of the time, place and nature of the hearing;
2. A statement of legal authority and jurisdiction under which the hearing is to be held;
3. A reference to the particular section(s) of the City Charter, City Code, Traffic Barricade Manual or State Statutes at issue; and
4. A short and plain statement of the matters asserted.
D. Hearing; burden of proof. The Hearing Officer shall hear testimony and receive evidence regarding the merits of the appeal. The burden of proof by a preponderance of the evidence shall remain with the person filing the appeal. The Hearing Officer shall issue findings of facts and conclusions of law no later than thirty business days from the date of the appeal request. Technical rules of evidence do not apply. (Ord. No. G-5277, § 7, 2008)