| (a) An applicant/licensee may appeal the denial/revocation
of a license by filing a written appeal request with the DCTAC within
30 days of the date notice is sent under §430.13(b) of this chapter
(relating to Denial or Revocation of License). Any information/documentation
in support of such appeal must be submitted with the appeal request.
(b) The DCTAC Officeholder shall appoint a Review Board
consisting of five members. At least one member of the Review Board
shall be a law enforcement officer. The DCTAC Officeholder may appoint
one or more DCTAC employees to serve on the Board. Provided at least
one law enforcement officer is in attendance, appeals shall be reviewed
at a meeting of at least three members of the Board. Such meetings
shall be held periodically as determined by the DCTAC.
(c) Timely filed appeals will be scheduled for review
at the next Review Board meeting, which meeting shall take place no
less than sixty (60) days following the filing of the appeal. An applicant/licensee
whose appeal is under review may attend the meeting and, at the Board's
discretion, provide testimony in support of the appeal. The Board
also has discretion to consider documentation not timely provided
under subsection (a) of this section.
(d) Recommendation. The law enforcement officer in
attendance shall preside over the meeting and determine when each
appeal has been sufficiently considered, discussed and reviewed by
the members in attendance. Following such determination, each member
in attendance shall state and briefly describe the reasons for his/her
opinion as to whether the action appealed should be sustained. Thereafter,
the presiding law enforcement officer shall independently make a written
recommendation to the DCTAC Officeholder. The written recommendation
shall be signed by the presiding officer and shall identify which,
if any, of the other members in attendance did not agree with it.
(e) Within (15) days of receiving the presiding officer's
written recommendation, the DCTAC Officeholder shall make a final
determination on the appeal. The DCTAC Officeholder shall consider
the presiding officer's recommendation before making the final determination.
(f) The DCTAC shall send notice of its final determination
to the applicant(s)/licensee by certified mail as follows:
(1) License denial - to each applicant at the home
address listed on his/her application form.
(2) Runner License revocation - to the most recent
home address on file.
(3) Title Service License revocation - to the attention
of all partners, owners, officers, directors, or principals (as applicable)
at the most recent primary physical business address on file.
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