§ 12.5-177. Hearing; preclearance letter denial, revocation; safety plan incompleteness; appeal.

(a)

When the administrator or his or her designee issues a written notice of intent to deny or revoke a preclearance letter, the administrator or his or her designee shall send such notice, which shall include the specific grounds under this article for such action, to the applicant or recipient (appellant) by personal delivery or certified mail. The notice shall be directed to the most current business address or other mailing address on file with the administrator or his or her designee for the appellant(s). The notice shall also set forth the following: The appellant shall have ten (10) days after the delivery of the written notice to submit, at the office of the administrator (or such office as the administrator may designate), a written request for a hearing, accompanied by a twenty-five dollar ($25.00) processing fee. If the appellant does not request a hearing within the said ten (10) days, accompanied by the required processing fee, the administrator's (or designee's) written notice shall become a final denial or revocation, as the case may be, on the eleventh day after it is issued.

(b)

If the appellant does make a written request for a hearing within the said ten (10) days, then a hearing officer shall, within forty-five (45) days after receipt of such request, unless continued by agreement of the appellant and the county, at a time and place of which the appellant has been given written notice, hold a hearing on the matter. Either party may provide for the hearing to be recorded and transcribed at that party's expense.

(c)

At the hearing, the strict rules of evidence shall not apply, but the parties shall have the opportunity to present all relevant arguments, be represented by counsel, present evidence and witnesses, and request that certain questions be asked of adverse witnesses in cross-examination. The appellant shall bear the burden of proving entitlement to the preclearance letter. The hearing shall take no longer than one (1) day, unless extended at the request of the appellant to meet the requirements of due process and proper administration of justice. The hearing officer shall issue a final written decision, including specific reasons for the decision pursuant to this article, to the parties within thirty (30) days after the hearing.

(d)

If the decision is to deny or revoke the preclearance letter, the decision shall advise the appellant of the right to appeal such decision to a court of competent jurisdiction within ten (10) days after receipt of the hearing officer's decision. If the hearing officer's decision finds that no grounds exist for denial or revocation of the preclearance letter, the hearing officer shall, contemporaneously with the issuance of the decision, order the administrator to withdraw the intent to deny or revoke the preclearance letter and to notify the appellant in writing by certified mail of such action.

(e)

Any party aggrieved by the decision of the hearing officer may appeal the decision to the circuit court within ten (10) days after the issuance of the decision. If any court action challenging a decision is initiated, the county shall consent to expedited briefing and/or disposition of the action, shall comply with any expedited schedule set by the court, and shall facilitate prompt judicial review of the proceedings.

(Ord. No. 92-16, § 5, 1-10-17)