Sec. 16-934. - Grounds for scrap tire facility license or transporter permit revocation.

Any permit issued under this article may be revoked in accordance with the procedures herein prescribed if it is found that the transporter designated in the permit has:

(1)

Violated the provisions of this article;

(2)

Violated any state or municipal law or ordinance involving the unlawful disposal or storage or theft of tires;

(3)

Violated any provision of V.T.C.A., Penal Code ch. 37 relating to the records required to be kept under this article; or

(4)

Provided any statement in the application for the permit which was known to be false or should have been known to be false by any person required to swear to the application.

(Ord. No. 2009-10-29-0861, § 1, 10-29-09)

Sec. 16-935. - Investigation of facts prior to revocation; notice of possible revocation.

Whenever the director receives reliable information that grounds for revocation exist, an investigation of the facts shall be conducted. If the director finds that there are grounds for revocation, written notice shall be provided to the permittee by personal service or by certified mail, return receipt requested, to the address set forth in the application. Such notice shall set forth:

(1)

The specific grounds upon which the permit may be revoked;

(2)

That there will be a hearing before the director in which the city will seek the revocation of the permit;

(3)

The date, time and place of such hearing; and

(4)

That the permittee may appear and present testimony.

(Ord. No. 2009-10-29-0861, § 1, 10-29-09)

Sec. 16-936. - Administrative hearing on permit revocation.

(a)

All hearings shall be held by the director or designated representative who shall serve as the hearing officer.

(b)

All hearings shall be conducted under rules consistent with administrative proceedings.

(c)

If the permittee fails to appear at the hearing, the city shall introduce evidence to establish a prima facie case showing that grounds exist for revocation of the permit.

(d)

After completion of the presentation of evidence by all parties appearing, the hearing officer shall issue a written order as to whether or not there are grounds for revocation of the permit.

(e)

A copy of the order shall be personally delivered or mailed by certified mail, return receipt requested, to the permittee within ten (10) days of the hearing.

(Ord. No. 2009-10-29-0861, § 1, 10-29-09)

Sec. 16-937. - Appeals.

(a)

The revocation of a permit may be appealed to district court upon the filing of a verified petition setting forth the legal grounds for the appeal. The petition must be filed within thirty (30) calendar days after a copy of the final decision of the hearing officer is provided to the permittee, or such decision shall become final upon expiration of the 30-calendar-day period.

(b)

Said appeal shall be limited to a hearing under the substantial evidence rule; whereunder the court may reverse or affirm, in whole or part, the hearing officer's decision.

(Ord. No. 2009-10-29-0861, § 1, 10-29-09)