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(A) Form of notice of hearing. The notice to appellant shall be substantially in the following form, but may include other information:
"You are hereby notified that a hearing will be held before the City of Albuquerque Office of Administrative Hearings at ___________ on the _______ day of ___________, 20___, at the hour of __________, upon the notice and order served upon you. You may be present at the hearing. You may be, but need not be, represented by legal counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you."
(B) Conduct of hearings.
(1) Disclosure. The Hearing Officer may require that the parties provide, prior to the hearing, a written statement of all issues to be addressed, a list of proposed witnesses, a brief statement of the nature of each witness' testimony, and copies of all documentary evidence to be introduced, which material shall be available for inspection and copying by all parties.
(a) The Hearing Officer shall afford all parties an opportunity to present oral or documentary evidence and argument on all issues involved, except that irrelevant, immaterial and unduly repetitious evidence shall be excluded.
(b) The Hearing Officer may impose reasonable limits on the number of witnesses heard and on the nature and length of the testimony or questioning.
(c) Hearsay testimony is admissible subject to the other limitations on admissibility contained in these rules.
(d) The Hearing Officer shall base its decision on substantial evidence. The decision must be supported by at least some evidence which is admissible in a court of law.
(3) Hearing procedure. The Hearing Officer shall preside over the hearing. The hearing shall be recorded by an audio recording device. The Hearing Officer shall swear in all witnesses who are anticipated to testify. The Hearing Officer may ask for opening and closing statements from the parties. The appellant shall proceed first with its case In chief, followed by the city-appellee unless otherwise ordered by the Hearing Officer. Rebuttal testimony may be entertained by the Hearing Officer.
(4) Decision. All decisions of the Hearing Officer shall be in writing, mailed or delivered by electronic means to all the parties to the appeal, and made within ten days of the close of the hearing unless otherwise so stipulated to by the parties. The Hearing Officer may affirm the decision of the city, reverse the decision of the city, or modify the decision of the city in a manner which is not arbitrary, capricious, contrary to law, or unsupported by substantial evidence.