A. General:
1. Record: A record of the entire proceedings shall be made by tape recording or by any other means of permanent recording determined to be appropriate by the hearing officer.
2. Reporting: The proceedings at the hearing shall also be reported by a phonographic reporter if requested by any party thereto. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefor. Such fees shall be as established by the city council resolution.
3. Continuances: The hearing officer may grant continuances that are requested by an applicant from the division for good cause shown.
4. Oaths; Certification: In any proceedings under this chapter, the hearing officer has the power to administer oaths and affirmations and to certify to official acts.
5. Reasonable Dispatch: The hearing officer shall proceed with reasonable dispatch to conclude any matter before him or her. Due regard shall be shown for the convenience and necessity of any parties or their representatives.
B. 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 hearing officer at on the day of , 20 , at the hour , concerning your appeal. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you.
C. Conduct Of Hearing:
1. Rules: Hearings need not be conducted according to the technical rules of evidence.
2. Oral Evidence: Oral evidence shall be taken only on oath or affirmation.
3. Hearsay Evidence: Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state.
4. Admissibility Of Evidence: Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.
5. Exclusion Of Evidence: Irrelevant and unduly repetitious evidence shall be excluded.
6. Rights Of Parties: Each party shall have these rights, among others:
a. To call and examine witnesses on any matter relevant to the issues of the hearing;
b. To introduce documentary and physical evidence;
c. To cross examine opposing witnesses on any matter relevant to the issues of the hearing;
d. To impeach any witness regardless of which party first called the witness to testify;
e. To rebut the evidence; and
f. To be represented by anyone who is lawfully permitted to do so.
7. Official Notice:
a. When Taken: In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or of official records of the board or departments and ordinances of the city or rules and regulations of the hearing officer.
b. Parties To Be Notified: Parties present at the hearing shall be informed of the matters to be noticed, and these matters shall be noted in the record, referred to therein, or appended thereto.
c. Opportunity To Refute: Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the officially noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the hearing officer.
d. Inspection Of The Premises: The hearing officer may inspect any building or premises involved in the appeal during the course of the hearing, provided that: 1) notice of such inspection shall be given to the parties before the inspection is made, 2) the parties are given an opportunity to be present during the inspection, and 3) the hearing officer shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the hearing officer.
D. Method And Form Of Decision: The decision shall be in writing and shall contain findings of fact, a determination of the issues presented, and the requirements to be complied with. A copy of the decision shall be served upon the appellant(s) and the division by first class mail. The effective date of the decision shall be as stated therein. A decision is final. Failure to comply with a decision constitutes a violation of this code. (Ord. 16-O-2719, eff. 1-20-2017)