Sec. 3-156. Appeal of decision to deny, suspend, or revoke an animal holding center license

The decision of the Director to deny, suspend, or revoke an animal holding facility license may be appealed by the applicant or licensee to the Board of Administrative Appeals.

The applicant or licensee must give written notice of its appeal to the Board of Administrative Appeals within thirty (30) days from the date of the written notice of the decision to deny, suspend, or revoke the license.

The filing of an appeal shall not negate the effectiveness of the Director's decision unless and until the Director's disposition is reversed on appeal.

An appeal of a decision to suspend or deny the renewal of or to revoke a license shall suspend the operation of that decision.

The Board of Administrative Appeals shall conduct a public hearing. In appeals from a denial of a license, the applicant shall have the burden of proof to establish his entitlement to a license. In an appeal from the suspension, revocation, or denial of renewal of a license, the Department shall have the burden of proof to establish by preponderance of the evidence that the suspension, revocation, or denial of renewal was correct. The Board of Administrative Appeals shall decide only whether the action of the Director was supported by substantial evidence. The applicant or licensee shall have the opportunity to present evidence, to cross-examine witnesses for the Department, and may be represented by an attorney at any hearing. Failure on the part of the applicant or the licensee to appear for the hearing shall be deemed a waiver of the right to a hearing.