Title 5 - Business Licenses and Regulations

5.06.055 Appeals, Administrative Hearing.

The hearing on appeal provided for in O.P.M.C. 5.06.050 shall be conducted by an Overland Park Municipal Court judge who shall sit as an administrative judge for purposes of this chapter. The hearing on appeal shall be scheduled and held by the municipal court no later than ten business days after the notice of appeal is filed with the clerk of the court. The time of the hearing shall be set by the clerk of the municipal court. The sole issue for determination by the court shall be whether the decision of the Chief of Police or his or her designee was within the scope of his/her authority, supported by substantial evidence and not arbitrary and capricious. The Court shall make specific findings of fact and conclusions of law in each case.

Pursuant to its role as administrative judge, the Court is empowered to hold hearings, subpoena witnesses, take the testimony of any person under oath and in connection therewith, to require the production of any evidence relating to any matter being heard. In the case of the refusal of any person to comply with any subpoena issued hereunder or to testify in any matter regarding which he or she may be lawfully questioned, the Court may order such person to comply with such subpoena and testify; and failure to obey the Court's order may be punished by the Court as contempt.

(History: Ord. APD-1912 §2, 95)

Effective on: 1/1/1901