A. An applicant/licensee shall have the right to appeal the Auditor's decision by submitting a written notice of appeal along with payment of a $250.00 appeal fee to the Auditor within ten calendar days of the date of the decision.

B. The appeal shall be heard within 90 calendar days by the Examiner, unless the parties agree otherwise.

C. The timely filing of a notice of appeal and payment of the appeal fee by an applicant/ licensee shall stay the decision of the Auditor until a final decision is issued by the Examiner, unless the Examiner determines that the actions of the applicant/licensee constitutes an imminent danger to public health, safety, or welfare, in which case the Examiner may order that the action not be stayed pending appeal. A stay shall automatically terminate if the check that was submitted with the written appeal is dishonored.

D. Except as provided in this Section, the appeal shall proceed in accordance with the Pierce County Hearing Examiner Code, Chapter 1.22 PCC.

E. The burden of proof shall be upon the County to show, by a preponderance of evidence, that the requirements for issuing a license have not been fulfilled, or that the applicant is ineligible for the license, or that the standards for suspending or revoking a license have been met.

F. The scope of evidence and the scope of review before the Examiner shall be de novo.

G. The Examiner may affirm, modify, or overrule the decision, and may reinstate the license and may impose any terms upon the continuance of the license which may seem advisable.

H. All decisions of the Examiner shall be rendered within 30 calendar days following the conclusion of all testimony. Copies of the decision shall be sent to the Auditor and the applicant/licensee.

I. If the applicant/licensee prevails on appeal, the appeal fee listed in this Section shall be refunded.

J. The decision of the Examiner shall be final, unless a writ of review is filed in Superior Court within 20 calendar days from the date the decision.