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Background: <br />AUTHORIZING. USE OF HEARING EXAMINER FOR <br />PAWNBROKERS SUSPENSION/REVOCATION HEARING <br />By: James Way, Police Chief and <br />William K. Goodrich, City Attorney <br />Section 7.13 of City Code regulates pawnbrokers. The police department is considering holding a <br />hearing- to deternune if a pawnbroker's license issued by the City should be suspended and/or <br />revoked. Section 7.13.11 of the. City Code provides thaf "A license may be suspended and/or <br />revoked by the Council only for cause and only after adequate notice to the licensee .with the full <br />opportunity to be heard". <br />A hearing is therefore required. Staff believes it would be more- efficient for the Council to assign <br />the hearing responsibility to an independent hearing examiner. In addition, the only pawnbroker <br />license in the City is issued for a premises owned by the .City:. Therefore, assigning the hearing <br />responsibility to an independent hearing examiner would be helpful in avoiding conflict of interest <br />issues. <br />The hearing examiner's findings and conclusions would, of course, be a recommendation to the <br />Council and the Council would have the final decision in the matter. <br />Recommendation: <br />Authorize that a hearing examiner be used to conduct any suspension/revocation hearings regarding <br />pawnbroker's licenses. <br />Funding Source: <br />There would be a cost to contract with a hearing examiner; the fee would be paid for with funds <br />from the legal services budget. <br />Council Action: <br />Motion to assign the hearing requirement of Section 7.13.11 of City Code relating to pawnbroker's <br />licenses to an independent hearing examiner to be selected by the City Administrator, with the final <br />decision on any suspension/revocationbefng made by the City Council. _ <br />Reviewed by: <br />City Attorney <br />Police Chief i <br />City Clerk j <br />.City Administrat ; j/( <br />/f, <br />CC: 01/22/08 G <br />Consent # <br />