§ 5-33. Hearing by appeal hearing officer—Decision.

When an appeal hearing officer grants a hearing to review a decision of the director, the hearing shall be conducted as follows:

(a)

At the time and place set for the hearing, the appeal hearing officer shall review the director's decision to determine whether it conforms to law and is supported by substantial evidence. The appeal hearing officer may, in his or her discretion, swear witnesses, hear testimony, and receive relevant written or documentary evidence, or consider only the administrative record of the hearing before the director. In either case, the appeal hearing officer may hear and consider additional arguments and points and authorities of law. Additional procedural rules may be adopted by resolution of the board. The appeal hearing officer shall tape record the hearing and shall preserve all photographs and other documentary evidence introduced at the time of the hearing. The appeal hearing officer may decide all issues for or against the applicant, license holder or owner of the animal, as the case may be, even if such person fails to appear at the hearing.

(b)

Within thirty (30) days after the hearing is closed, the appeal hearing officer shall render a decision. The decision may adopt, modify or reject the decision of the director. The decision shall contain findings of fact and conclusions of law. A copy of the decision shall be mailed by certified mail to the appellant and the applicant, license holder, or owner of the animal, as the case may be, if different from the appellant, and a brief summary of the decision shall be mailed by first-class mail to all persons noticed pursuant to Section 5-22.

(c)

The decision of the appeal hearing officer shall be final absence service upon the director of formal notice of appeal to a court of competent jurisdiction.