§ 6.87.530. Appeal to board.

A.

If the tobacco retailer is dissatisfied with the written decision issued by the director pursuant to Section 6.87.520, he or she may file an appeal to the San José appeals hearing board.

B.

The appeal must be in writing on a form provided by the San José appeals hearing board and received by the secretary of the San José appeals hearing board within ten calendar days of the date the director's decision is served upon the tobacco retailer.

C.

The appeal hearing before the San José appeals hearing board shall be conducted in accordance with the rules and regulations of the San José appeals hearing board, but shall be heard no later than sixty calendar days after the receipt of the appeal, or within the next two regularly-scheduled meetings of the San José appeals hearing board, whichever is later in time.

D.

Within twenty calendar days after the hearing before the San José appeals hearing board, the San José appeals hearing board shall serve upon the tobacco retailer a written decision sustaining, reversing or modifying the director's decision.

E.

The decision by the San José appeals hearing board after hearing shall be final for purposes of judicial review pursuant to Section 1094.6 of the Code of Civil Procedure of the State of California.

(Ord. 28875.)