36-509. Hearing; powers of secretary or presiding officer; procedure; affirmation, rescission or modification of order; appeal.

36-509

Chapter 36.--HOTELS, LODGINGHOUSES AND RESTAURANTS Article 5.--FOOD SERVICE AND LODGING ESTABLISHMENTS

      36-509.   Hearing; powers of secretary or presidingofficer;procedure; affirmation, rescission or modification of order; appeal.(a) Whenever a timely request for a hearing shall be filed with thesecretary pursuant to the provisions of this act the secretary shall set atime and place for such hearing which shall be held within not to exceed20 days of the request therefor. Upon such hearing, the secretary ora presiding officer from the office ofadministrative hearings may issue subpoenasfor the attendance of witnesses and the production of relevant books andpapers. At the hearing, the applicant shall have the right to berepresented by counsel, to present witnesses and evidence inown behalf and to cross-examine adverse witnesses.

      (b)   Upon completion of the hearing, the secretary may affirm, rescind ormodify the order denying, suspending or revoking the applicant'slicense. Any person aggrieved by any such decision of the secretary mayappeal to the district court in the manner provided by theact for judicial review and civil enforcement of agency actions.

      History:   L. 1975, ch. 314, § 13;L. 1984, ch. 313, § 60;L. 2004, ch. 145, § 12; July 1, 2005.