§ 5-2-14. Procedures upon denial or revocation.

(A)

Any person whose city junk and secondhand goods dealer license is revoked by the chief of police or who is denied a license by the chief of police may appeal that denial to the city manager within ten days of the order of denial or revocation. Upon denying or revoking a license, the chief of police shall inform in writing the person affected of the reasons for denial or revocation, the earliest and latest date and manner in which that person may appeal such denial or revocation, and the person's rights of review pursuant to Vernon's Ann. Civ. St. art. 6252-13d.

(B)

The appeal to the city manager shall be initiated by filing a written objection with the city manager. The written objection shall state what the action or decision of the chief of police should have been and why it should have been so. Upon receipt of the written objection, the city manager shall set the same down for a hearing to be held within the next 48 hours, excluding weekends and holidays, and advise all parties of the date, time and place of the hearing. The person filing the appeal shall state in his appeal a mailing address and telephone number where he will receive all notices.

(C)

At hearings before the city manager, all witnesses will be sworn. The city manager will hear the testimony of the chief of police or other witnesses the chief of police wishes to testify that the city manager deems relevant. Additionally, the city manager will hear the testimony of the persons aggrieved along with any witnesses the person aggrieved may call that the city manager deems relevant. The city manager will review all documents and exhibits submitted to him by the parties. The city manager will not be bound by formal rules of evidence and will control the evidence, reserving to himself the power to exclude testimony or exhibits he does not consider relevant.

Both the chief of police and the person filing the appeal will be allowed representation by an attorney and the cross examination of witnesses.

(D)

Within 48 hours of the close of the hearing, excluding weekends and holidays, the city manager will issue a written opinion affirming the chief of police's decision or granting the person filing the appeal a junk and secondhand goods dealer's license. The city manager, within 48 hours of the close of the hearing, shall reduce to writing his decision. The city manager will file the original of his decision with the Midland city secretary, and will send one copy to the person filing the appeal and will send one copy to the chief of police.

(Ord. No. 6847, 5-24-1988)