§ 76-403 — Hearing

Sec. 76-403. - Hearing.

(a) Whenever the director has knowledge of any action or condition which would constitute grounds for the suspension or revocation of any registration number or certificate issued under this article, or any other reasonable cause to believe such grounds exist, he shall hold a hearing to ascertain all facts in the matter and determine whether or not the subject registration number or certificate should be suspended or revoked. Not less than ten days' prior written notice shall be served on the person holding such registration number or certificate by personal service or mailed by certified or registered mail to him at his last known business or residence address, setting out the reason for the hearing and the conditions under which the hearing will be held. The registration number or certificate holder shall have full right to be represented by counsel, to produce witnesses, and to cross examine all witnesses who may appear against him. All procedures in such hearings shall be recorded stenographically, mechanically or electronically or by a combination thereof and shall be transcribed at the expense of the party requesting the transcription. Subpoenas shall be issued by the director for any witness whose presence is desired at any hearing or proceeding before the director to suspend or revoke a registration number or certificate and such subpoena may be served by any person designated by the director, or by any member of the city police department. The subpoena shall be served and the return shall be made in the same manner as is provided by law in civil suits in the circuit court of this state. (b) Witnesses may also appear voluntarily at such hearings and testify. Before any witness shall testify in any such hearing, he shall be sworn by the director to tell the truth and nothing but the truth. The director's decision and order shall be in writing and shall include, if so requested, findings of fact and conclusions of law. No suspension or revocation ordered by the director following a hearing in accordance with this section shall become effective until ten days after the order has been issued. Appeal of the director's decision can be pursued in accordance with the provisions of section 76-316.

(Ord. No. 120271, § 1, 3-29-12)