(a) If a dog is classified pursuant to Sections 618.21 or 618.24, or is denied declassification pursuant to Section 618.23, the owner or keeper of the dog shall have the right to an administrative hearing to object to the determination. The hearing shall be heard by the Director of Public Safety. An owner or keeper has ten calendar days from the date listed on the written notice of the determination to inform the Director of Public Safety in writing that a hearing is requested. The Director of Public Safety will schedule the hearing and notify the party requesting the hearing in writing of the time, date, and location of the hearing.
(b) The objection hearing shall be conducted as follows:
(1) Parties may appear pro se or be represented by an attorney.
(2) Parties may present their position, arguments, and contentions, including by making statements, presenting evidence, and offering witnesses on their behalf, on any relevant issue.
(3) Parties may refute evidence and testimony offered in opposition to their position, arguments, and contentions, including by making statements, presenting evidence, and offering witnesses on their behalf, on any relevant issue.
(4) Parties shall be entitled to the right of cross-examination.
(5) The hearing shall be quasi-judicial in nature and all testimony shall be under oath.
(6) Any party shall be entitled to transcribe the proceeding at his own cost.
(7) After considering all substantial, reliable and probative evidence accepted for review, the Director of Public Safety shall affirm, deny, or affirm with conditions the determination.
(8) Within five business days of such hearing, the Director of Public Safety shall issue a written decision making a factual finding as to the determination and shall serve the decision upon all parties. The decision of the Director of Public Safety is a final order.
(Ord. 132-2015. Passed 10-13-15.)