APPEALS

Mesa City Code § 5-22-7

in effect

5-22-7: - APPEALS (A) It is the duty and responsibility of the Business Licensing Administrator or his/her designee ("Licensing Administrator") to administer the provisions of this Chapter. Pursuant to this duty, the Licensing Administrator will issue, renew, deny, suspend, or revoke licenses in accordance with this Chapter. (5466) (B) Any party aggrieved by ta decision of the Licensing Administrator may appeal the decision by requesting a hearing within ten (10) calendar days of issuance of the decision. The appeal shall be in writing, state the grounds for the appeal, and be sent to the Business Services Director or his/her designee ("Director"); the failure of an appeal to meet the requirements of this subsection will entitle the Director to deny the appeal without further review. (5466) (C) If an appeal meets the requirements of Subsection (B), the Director shall schedule a hearing with a hearing officer who will be the Director or a person designated by the Director ("Hearing Officer"). The hearing will be held within thirty (30) calendar days of receipt of the appeal and the Hearing Officer will render a decision within sixty (60) calendar days of the hearing. The filing of an appeal meeting the requirements of Subsection (B) will suspend the decision of the Licensing Administrator until the Hearing Officer has rendered their decision. Any suspended decision of the Licensing Administrator, if upheld by the Hearing Officer, shall be reinstituted and dated as of the original date the decision was issued by the Business Licensing Administrator; however, if the decision pertained to a period of suspension and such period of time has already passed, in whole or in part, the Hearing Officer may designate the period of suspension in accordance with this Chapter. (5466) (D) All proceedings before a Hearing Officer shall be informal and without a jury, except that testimony shall be given under oath or affirmation. The technical rules of evidence do not apply, except for statutory provisions relating to privileged communications. No prehearing discovery shall be permitted, unless the Hearing Officer determines good cause exists otherwise. The Hearing Officer is authorized to make such orders as may be necessary or appropriate to fairly and efficiently determine the truth and decide the case at hand. (5466) (E) If either party to the appeal is aggrieved by the decision of the Hearing Officer, the aggrieved party may file a complaint of special action in an Arizona Superior Court with the proper jurisdiction to review the Hearing Officer's decision at any time within thirty (30) calendar days after a final decision of the Hearing Officer has been rendered. Failure to bring the action within thirty (30) calendar days, or such other time as is agreed upon in writing by the parties to the hearing, shall constitute a waiver of any right to judicial review of the Hearing Officer's decision. (5466) (F) The decision of the Licensing Administrator, if not appealed, shall be the City's final determination on a matter pursuant to this Chapter. If the decision of the Licensing Administrator is appealed to a Hearing Officer, the decision of the Hearing Officer shall be the City's final decision on the matter unless appealed in accordance with this Chapter. (5466)

Source: City of Mesa, Arizona, Mesa City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/az/mesa/codes/code_of_ordinances?nodeId=COOR_TIT5BURE_CH22AUKI_5-22-7APFetched: 11/1/2026