§ 8.1-4-1. Administrative appeal hearing.

(a)

In the event an inspection order is issued to an alarm user, administrative fees are assessed, or, the registration of an alarm user is suspended, the alarm user may request an appeal hearing to determine whether there is just cause for such action.

(b)

The hearing shall be held before a hearing officer who shall have been appointed by the County Executive. The hearing shall be held within seventy-two (72) hours after the request is filed with the Police Department unless an extension has been agreed upon by both the alarm user and the Police Department.

(c)

The alarm user shall have the right to appear and present witnesses and other evidence, but there shall be no formal rules of procedure required for the conduct of the hearing and the hearing officer shall not have the power to compel the attendance of witnesses or the production of other evidence.

(d)

The hearing officer shall proceed forthwith to hear the matter and to determine by a preponderance of the evidence whether there is probable cause to believe that the provisions of this Chapter have been applied legally, fairly and impartially. The hearing officers shall have authority, if he/she determines that there is insufficient evidence to fully support imposition of an inspection requirement, registration suspension, or administrative service fees, to order that any inspection requirements, registration suspension, or fees imposed under this Chapter be waived or rescinded in whole or in part.

(e)

The provisions of this Section shall not apply to the imposition of false alarm response fees assessed pursuant to Sections 8.1-3-8 and 8.1-3-9 of this Chapter. (31-98-8.1.)