§ 4.03.100. Appeals to LBCB.

A.

In an appeal by a permit applicant from a decision of the designated city employee, the LBCB shall hear the appeal on the record made by the designated city employee. New evidence that could have been provided to the designated city employee during the application process may not be submitted as a part of the appeal to the LBCB. After receiving written arguments or oral argument, if permitted by the LBCB, from the applicant and the designated city employee, the LBCB shall determine whether, upon the record before the designated city employee at the time the appealed decision was made, there was substantial evidence to support the decision of the designated city employee.

B.

In an appeal from a decision of the package store to refuse to sell, confiscate a permit, or to take or refuse to take other action, the aggrieved person shall file a written notice of appeal with the package store within seven calendar days of the delivery or mailing of the decision unless a longer period of time is permitted under this chapter. The package store shall immediately forward the notice of appeal to the LBCB.

C.

In all appeals, the LBCB shall provide notice to the appellant whether oral arguments and testimony will be permitted and the date:

1.

Upon which oral arguments and oral testimony will be heard, if permitted;

2.

By which additional documents, if permitted, must be received; and

3.

By which written arguments must be received.

The LBCB shall inform the appellant where the record on appeal may be reviewed and shall provide a copy to the appellant upon request and payment of any copying charges that apply.

D.

The LBCB shall schedule the receipt of argument, testimony and documents to ensure that the appellant has reasonable time to prepare and make submission to the LBCB. The first request by the appellant to extend a submission date or to reschedule an oral argument or testimony date shall be freely granted unless doing so would create a hardship for the designated city employee or the package store. Any additional extensions for appellant must be fully justified.

E.

The LBCB may retain a hearing officer, who may be the city attorney or other appropriate city employee, to hear an appeal under this chapter. The hearing officer shall make scheduling and other procedural decisions and, after receipt of the written argument by the appellant and the designated city employee or package store, shall prepare a proposed decision for the LBCB. The proposed decision by the LBCB or the hearing officer shall set out the evidence in the record upon which the decision is based, a conclusion and an appropriate order. If the LBCB does assign a hearing officer to hear an appeal, the LBCB may accept and sign the proposed decision of the hearing officer, redraft or modify it before signing it or refer it back to the hearing officer for further specified action. Upon signing of the decision, it becomes the LBCB's decision.

F.

If the LBCB hears and decides the appeal, it shall prepare a written decision setting out the evidence relied upon, conclusions and an appropriate order.

G.

The LBCB's decision may be appealed to the superior court in accordance with the Alaska Rules of Appellate Procedure applicable to administrative decisions. The LBCB's decision shall contain such notice of the right of appeal as may be required by the Alaska Rules of Appellate Procedure.

(Ord. No. 10-04, § 3(Exh. B), 4-1-2010)