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(A) The hearing provided for in this section shall be held within five working days of delivery of the permit holder's request for a hearing. Hearings shall be conducted by the City Hearing Officer, as defined by the Independent Office of Hearings Ordinance (§§ 2-7-8-1 et seq. ROA 1994), at a time and a place designated by the hearing officer and shall be recorded. All witnesses shall be sworn or affirmed. Written notice of the time and place of the hearing shall be mailed to the permit holder and the Enforcement Authority.
(B) The permit holder shall be afforded a fair hearing which provides the basic safeguards of due process, which shall include:
(1) The opportunity before the hearing to examine and to copy at the expense of the applicant all documents, records and regulations of the Enforcement Authority which are relative to the hearing. Any document not made available by the Enforcement Authority within a reasonable time after written request by the permit holder may not be relied on by the Enforcement Authority at the hearing.
(2) The right to be represented by counsel or other person chosen as his representative.
(3) The right to present evidence and arguments to controvert evidence relied on by the Enforcement Authority and to confront and cross-examine all witnesses on whose testimony or information the Enforcement Authority relies.
(4) 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 that the issue has been decided previously in another proceeding which provided due process. If the permit holder or the Enforcement Authority fails to appear at a schedule 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) 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 hearing may be received without regard to admissibility under the rules of evidence applicable to judicial proceedings.
(E) The hearing shall be recorded by audio method, but need not be transcribed unless a written transcript is requested, in which case the cost of written transcription shall be borne by the party requesting written transcription. If one party prefers to have the hearing transcribed by a court reporter, the party shall pay all directly related costs, and the party requesting written transcription shall pay the cost of the written transcription.
(F) Based upon the record of such hearing, the hearing officer shall make a finding and shall sustain, modify or rescind any official notice which is the subject of the hearing.
(G) The hearing officer shall prepare a written report of his findings and decision within ten days after the hearing and shall provide copies to the parties.
('74 Code, § 11-5-6E) (Ord. 12-1978; Am. Ord. 12-1993; Am. Ord. 31-2007)