§ 6-245. Hearings in disciplinary actions.

(a)

Should a licensee wish to contest the proposed disciplinary action, the licensee must submit a response to the notice of proposed disciplinary action described in section 6-244 to the liquor commissioner.

(b)

All responses shall be in writing and shall include an original and one copy. The response shall contain the following:

(1)

The name, current address and current telephone number of the licensee.

(2)

A clear and concise statement admitting or denying each of the factual allegations set forth in the notice of proposed disciplinary action, with each admission or denial being shown in separately numbered paragraphs corresponding to the separately numbered paragraphs in the notice of proposed disciplinary action.

(3)

For all factual allegations that the licensee denies, a clear and concise statement of facts upon which the licensee relies or will rely on at a hearing.

(4)

A signature of the licensee.

(5)

A verification of the licensee in the following form:

"The undersigned certifies that the statements set forth in this request are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that he or she verily believes the same to be true."

(6)

The response must be notarized.

(7)

A deposit of $500.00 to secure the attendance of a stenographer at the hearing to record the proceedings. Following the conclusion of the hearing, the village shall either refund to the licensee any portion of the deposit that exceeds the cost of the stenographer to record the proceedings or shall invoice the licensee for the amount of the cost of the stenographer to record the proceedings that exceeds the deposit.

(c)

The response must be filed within 21 days after receipt of the notice of proposed disciplinary action. A response shall be deemed filed on the date on which it is postmarked.

(d)

If a response is not filed within 21 days after receipt of the notice of proposed disciplinary action, then the proposed disciplinary action becomes effective and final immediately.

(e)

No response shall be deemed filed if it fails to comply with any of the requirements of this section.

(f)

The licensee may submit a response by:

(1)

Personal delivery;

(2)

Certified mail, postage prepaid; or

(3)

Overnight express mail, postage prepaid.

(g)

All responses must be submitted to the liquor commissioner at the village's offices.

(h)

If a response is properly filed, the liquor commissioner will conduct a hearing.

(Ord. No. 2012-28, § 2(03-67.03), 4-23-2012)