§ 3-17-24. Hearing before the hearing officer.

(a)

The hearing officer appointed pursuant to the procedure set out in this chapter may receive and rule on admissibility of evidence, hear testimony under oath, and call witnesses as he or she may deem advisable with respect to the conduct of the hearing.

(b)

The hearing officer shall, within a reasonable time not to exceed thirty (30) days from the date such hearing is terminated, submit a written report to the board of commissioners. Such report shall contain a brief summary of the evidence considered and state findings, conclusions, and recommendations. All such reports shall be filed with the clerk and shall be considered public records. A copy of such report shall be forwarded by certified mail to the licensee/applicant the same day it is filed with the clerk. Upon the expiration of the thirty-day period without the hearing office submitting a written report to the board of commissioners, the licensee/applicant shall be permitted to work, manage, or begin and conduct business as an adult entertainment establishment unless and until such time as the hearing office submits a written report to the board of commissioners. No, employee, manager, or person or entity conducting business as an adult entertainment establishment under this provision shall acquire any vested rights to continued conduct of such business, and if the county later denies the appeal, the employee, manager, or business must be brought into compliance with this chapter.

(c)

The clerk shall place the hearing officer's report on the agenda of the next regular board meeting occurring not less than ten (10) nor more than thirty (30) days after the report is filed and shall notify the licensee/applicant of the date of such meeting at least ten (10) days prior to the meeting unless the licensee/applicant stipulates to a shorter notice period. Upon the expiration of the thirty-day period without the hearing officer's report being placed upon the agenda of the next regular board meeting, the licensee/applicant shall be permitted to begin work, manage, or conduct business as an adult entertainment establishment unless and until such time as the hearing officer's report is placed upon the agenda of a regular board meeting. No employee, manager, or person or entity conducting business as an adult entertainment establishment under this provision shall acquire any vested rights to work, manage, or continued conduct of such business, and if the county later denies the appeal, the employee, manager, or business must be brought into compliance with this chapter.

(d)

The board of commissioners may adopt or reject the hearing officer's decision in its entirety or may modify the proposed recommendation. If the board does not adopt the hearing officer's recommendation, it may:

(1)

Refer the matter to the same or another hearing officer for a completely new hearing or for the taking of additional evidence on specific points. In either of such cases, the hearing officer shall proceed as provided in this chapter.

(2)

Decide the case upon a review of the entire record before the hearing officer with or without taking additional evidence.

(Ord. No. 11-10, 12-19-11)