(A) In the event an applicant for an exemption under this subsection is not satisfied with the Director's decision, the applicant may submit to the Director a written request for a hearing, provided the written request is received by the Director within 15 days after mailing of the Director's decision. The hearing shall be conducted within a reasonable time of receipt of the request.
(B) Hearings shall be held before the City Hearing Officer, at a time and place designated by the Hearing Officer. A written notification specifying the time, place, and the procedures governing the hearing shall be mailed to the grievant and to the Director. The grievant shall be afforded a fair hearing providing the basic safeguards of due process which shall include:
(1) Before the hearing, the grievant shall have the opportunity to examine and copy all documents, records and regulations of the Director that are relevant to the hearing. Copies shall be at the expense of the grievant. Any document not made available by the Director after written request by the grievant, may not be relied on by the Director at the hearing;
(2) The right to be represented by counsel or other persons chosen as his or her representative;
(3) The right to a private hearing unless the grievant requests a public hearing;
(4) The right to present evidence and arguments in support of his or her grievance to controvert evidence relied on by the Director, and to confront and cross-examine all witnesses on whose testimony or information on the Director relies; and
(5) A decision based solely and exclusively upon the facts presented at the hearing.
(C) The Hearing Officer may render a decision without proceeding with the hearing if the Hearing Officer determines the issue has been previously decided in another proceeding. If the grievant or the Director fails to appear at a scheduled hearing, the Hearing Officer may postpone the hearing for a period of no more than five business days or may determine that the absent party has waived his right to a hearing. Both parties shall be notified of such determination.
(D) At the hearing, the grievant must first show an entitlement to the relief sought, and the Director must then justify his act or failure to act. The hearing shall be conducted informally, but all persons present shall be orderly. Failure to comply with the directions of the Hearing Officer to obtain order may result in exclusion from the proceedings, or other appropriate action. Oral or documentary evidence pertinent to the facts and issues raised by the grievant may be received without regard to admissibility under the rules of evidence applicable to judicial proceedings.
(E) The complainant or the grievant may arrange for a transcript of the hearing in advance and at the expense of the party making the arrangement.
(F) The Hearing Officer shall prepare a written decision together with the reasons therefor, within ten days after the hearing with copies to the grievant and the Director.
('74 Code, § 6-6-6) (Ord. 49-1988)