§ 13-252. Denial, revocation or suspension of the vessel fishing guide permit and appeal.

(a)

A vessel fishing guide permit may be denied, revoked or suspended at the discretion of the community development administration. Said decision will be made in writing and provided to the applicant/permit holder. In such an event, the applicant/permit holder shall have the opportunity to appeal such a determination.

(b)

Within thirty (30) days after a notice of denial, revocation or suspension is mailed to the applicant/permit holder, the applicant/permit holder may contest the determination and request that an appeal of same be heard by the county manager. The request for a hearing, to appeal the determination of the community development administration, shall be in writing, state with particularity the reasons and grounds for the appeal and shall be addressed and either hand delivered to the county manager within the thirty-day period after the notice of denial, revocation or suspension is mailed, or mailed to the county manager and postmarked within the thirty-day period after the notice of denial, revocation or suspension is mailed.

(c)

Upon receipt of a timely appeal, the county manager shall schedule an appeal hearing and notify the applicant of the date of the scheduled hearing. The county manager shall allow county staff, the applicant, and/or any other interested persons, an opportunity to present evidence and to examine and cross-examine witnesses. After considering the evidence and testimony, the county manager shall make a factual determination as to whether the permit should remain denied, revoked or suspended.

(d)

Any permit denial, revocation or suspension decision upheld by the county manager may be appealed to the ninth judicial circuit in and for Osceola County. The final determination shall be deemed to occur upon the county manager issuing a decision regarding the appeal.

(Ord. No. 10-44, § 3, 12-20-10)