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Applicant says hearing-board missteps justify new hearing
Summary
Applicant counsel said the Alcoholic Beverage Hearing Board improperly postponed hearings, treated a manager as a translator then a witness, and mishandled an expert’s medical episode — alleging those errors prejudiced the applicant and warrant a rehearing.
Applicant counsel Kelsey Longaker urged the Board of Lisonbee Commissioners to grant a new hearing, saying several procedural errors prejudiced the applicant’s case.
Longaker listed three central procedural complaints: (1) postponements that delayed the applicant and harmed its relationship with the landlord, (2) that a manager initially sworn as a translator was later treated as a testifying witness without proper direct testimony, and (3) that expert witness Dr. Patnode experienced a diabetic alarm during cross-examination and was allowed to continue without adequate accommodation. “The procedural errors here violated these fundamental requirements,” Longaker said, arguing the irregularities denied the applicant a fair presentation of evidence.
Longaker also argued the hearing board failed to consider statutory license-capacity evidence for Election District 1 and improperly focused on product uniqueness to the exclusion of service- and location-based considerations. The board ultimately denied the rehearing request; the applicant may appeal to circuit court within 30 days.
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