§ 26-11. Notice and hearing.

(a)

Upon receipt of request for a hearing, the chief of police shall in all cases set the matter for a hearing and shall, at least five business days before the date set for the hearing, notify in writing the applicant or registrant of the reasons for the suspension, revocation or denial, including notice of when and where the hearing will be held.

(b)

The applicant or permittee is entitled to an opportunity to be heard in person or by counsel and to an opportunity to offer evidence by oral testimony, by affidavit or by deposition.

(c)

Written notice may be served by delivery of the notice personally to the applicant or permittee or by mailing the notice by certified mail to the last known mailing address of the applicant or permittee.

(d)

The hearing must be conducted in a manner that will give to the applicant or permittee due process of law and that is consistent with the provisions of the Administrative Procedure Act (V.T.C.A., Government Code § 2001.001 et seq.).

(e)

If, after a hearing, the chief of police makes final determination that a permit should be denied, revoked or suspended, the applicant or permittee has five business days in which to appeal the chief of police's final order to the city manager. The city manager may designate another officer or employee of the city to hear the appeal. The decision of the city manager shall be final.

(Ord. No. 2004-29, § 2(Exh. A), 5-18-04)