Sec. 21-251. - Judicial appeal.

(a)

If a respondent is entitled to receive a permit under the provisions of sections 21-227, 21-228, 21-229, or 21-230, and if after timely filing a request for the permit pursuant to the provisions of section 21-226(j) the chief of police refuses or fails to issue the permit, then the respondent shall have thirty (30) calendar days from the expiration of the deadline in subsection 21-226(j) in which he may file suit for a writ of mandamus or other available remedy in a Judicial District Court of Bexar, County, Texas.

(b)

If an application is denied or a permit revoked or suspended, then:

(1)

A respondent shall have forty-five (45) calendar days from the date of receipt of notice of rejection or notice of revocation/suspension in which to file suit for writ of mandamus or other available remedy in a Judicial District Court of Bexar County, Texas; and

(2)

The respondent shall waive any appeal or cause of action if suit is not filed within the time specified herein.

(c)

If a hearing officer renders a decision adverse to the chief of police, then:

(1)

The chief of police shall have forty-five (45) calendar days from the date that a notice of revocation/suspension is issued in which to file suit for writ of mandamus or other available remedy in a Judicial District Court of Bexar County, Texas; and,

(2)

The chief of police shall waive any appeal or cause of action if suit is not filed within the time specified herein.

(d)

Any appeal to state court of this article is entitled to preferential setting and to be set for trial at the earliest practicable date. Any appeal from the decision of the trial court shall be accelerated.

(e)

Any appeal to a Judicial District Court of Bexar County, Texas shall be based on the substantial evidence standard.

(Ord. No. 101022, § 1X(§ 21-500), 6-9-05)

Secs. 21-252—21-265. - Reserved.