§ 12.54.180. Denial, suspension, revocation and appeal.

A.

The commission director may deny any applicant's license if he or she determines that the applicant fails to comply with any requirement of this chapter. If the commission director denies a license, the applicant may appeal within ten days of such denial to the commission for a hearing to determine if such denial is justified. The decision of the commission shall be final, subject to any appropriate judicial review.

B.

The commission director is hereby given authority to suspend any horse-drawn carriage driver's permit issued under this article for a driver's failure or refusal to comply with the provisions of this article. Such suspensions may not last for a period of more than thirty days. The commission director is also given authority to revoke any permit for failure to comply with the provisions of this article.

C.

If a permittee shall be charged in any court with a misdemeanor involving moral turpitude, or with any felony, or with driving while intoxicated or under the influence of drugs, or with violations of this article, the commission director is hereby given authority to suspend the driver's permit pending final disposition of the charges against him or her, and to revoke such permit upon conviction thereof.

D.

The commission director may revoke a horse-drawn carriage driver's permit if he or she determines that the permittee has engaged in conduct detrimental to the public safety.

E.

The commission director may not suspend or revoke any permit unless the driver has received notice of the charges against him or her and has had the opportunity to present evidence on his or her behalf.

F.

Any permittee whose license has been suspended or revoked by the commission director may file a written appeal with the commission within ten days. If an appeal is not made to the commission within ten days of the commission director's decision, the director's decision shall be final. A letter addressed to the commission and delivered to the commission office stating that an appeal from the decision of the commission director is desired shall perfect such appeal. The commission, as soon as practicable after receiving such notice of appeal, shall notify the applicant or permittee of the date and time of the hearing which shall be not less than five days after the mailing of such notice. After the hearing of the appeal, the commission shall sustain, modify or reverse the findings of the commission director, and shall notify the commission director and the applicant or permittee of its findings. The findings of the commission shall be final, subject to any applicable legal processes.

(Amdt. 1 and 2 with Ord. 2002-1075 § 1 (part), 2002)