§ 8.60.270. Appeal of denial, suspension, revocation or nonrenewal.

An applicant or medical marijuana establishment that has received a notice from the department that his or her application for or application to renew a medical marijuana establishment business license or his or her medical marijuana establishment business license will be or has been denied, suspended or revoked may appeal such decision by filing a written objection with the Department within thirty calendar days of the notification.

If the written objection is not submitted within thirty calendar days of the notification, (1) the denial, suspension, revocation or nonrenewal of a license shall become final, and (2) the director of business license shall have the authority to take possession of the license, if any had been issued.

The written appeal shall include, at a minimum: (1) a copy of the department's notice of action or decision; and (2) a written statement detailing the applicant or licensee's arguments against each alleged act of noncompliance contained in the notice of denial, suspension, revocation, nonrenewal, or notice to appear to show cause.

Except for an emergency temporary suspension, once a written objection has been received by the department the appeal shall automatically stay such suspension or revocation pending the outcome of the appeal. A date will be set for the appeal to be heard by a hearing officer. If requested by the appellant or hearing officer, the department may grant a postponement to a later regularly scheduled hearing if such request is made in writing and for good cause. At least ten working days prior to the hearing date the applicant or licensee will be notified of the date, time and place of the hearing at which time the applicant or licensee may present his or her case regarding the denial, suspension, revocation or nonrenewal and may present documents and/or witnesses to support his or her position. The hearing officer shall hear the testimony of all witnesses and review all documents and exhibits submitted in the hearing proceeding by the parties. The hearing officer may affirm, reverse, or modify the action of the director. Following the hearing, the hearing officer will make a decision based on the facts presented and prepare a decision that will be sent to the applicant or licensee within five working days after the close of the hearing.

If the director of business license, or other person aggrieved is dissatisfied with the hearing officer's decision, he or she may file for a petition for judicial review with the district court.

(Ord. No. 4244, § 1, 10-21-2014)