§ 4-7-13. DENIAL, SUSPENSION, AND REVOCATION OF A PERMIT.

(A)

The chief may revoke or suspend a permit issued under this chapter if the chief determines that:

(1)

the permit holder, the manager, or an employee of the metal recycler, has engaged in serious or repeated violations of this chapter;

(2)

the metal recycler does not comply with this chapter; or

(3)

the permit holder does not qualify for a permit under this chapter.

(B)

Before taking adverse action under this Chapter, the chief shall notify the applicant or permit holder of the intended action. The written notice shall include:

(1)

the reason the permit is subject to revocation or immediate suspension;

(2)

that denials or revocations become effective on the 20th day after the notice is mailed, and immediate suspensions shall be deemed permit revocations on that date.

(C)

The chief shall send the notice by certified mail, return receipt requested, to the mailing address listed on the person's application, certificate, or license, as applicable.

(D)

If a permit holder timely files a hearing request:

(1)

the chief shall hold a hearing on the permit revocation or immediate suspension not later than the 10th day after the date the hearing request is filed; and

(2)

the chief shall decide the hearing on the basis of the preponderance of the evidence presented and shall make a determination not later than the 10th day after the hearing; and

(3)

the chief may affirm, reverse, or modify the previous determination; and

(4)

a revocation is stayed pending the outcome of the hearing.

Source: 20100826-028.