(A) On the date and at the time and place set forth in the notice of hearing, the hearing officer shall conduct an orderly hearing and shall accept evidence on which persons commonly would rely in the conduct of their business affairs. Formal rules of evidence shall not apply.
(B) The responsible person contesting the administrative citation shall have the opportunity to testify and to present evidence, including witnesses, concerning the alleged violation. Any other interested party, including, without limitation, the property or business owner, employees or neighbors, may also present evidence. The hearing officer shall limit the evidence to that which is relevant to establishing or refuting the violation alleged in the administrative citation.
(C) Failure of a responsible party or other interested person to attend a scheduled hearing shall constitute a waiver of the right to present evidence in the matter.
(D) The administrative citation and any other reports submitted by the enforcement officer shall constitute evidence that upon initial examination and, unless rebutted, supports the facts stated in those documents.
(E) The hearing officer may take the matter under consideration, may continue the hearing and may request additional information from the enforcement officer or from the responsible person or others.
(F) Based on preponderance of the evidence, the hearing officer shall determine whether to affirm or dismiss the administrative citation. The hearing officer may not reduce, waive or conditionally reduce the fines established by these procedures.
(G) The hearing officer shall make findings based on the record of the hearing and shall issue a final written decision based on those findings. The written decision shall be served upon the responsible person along with notice regarding the right to further appeal.
(H) If the hearing officer affirms the administrative citation, CAWD shall retain any fine deposited by the responsible person. If the hearing officer affirms the administrative citation and the fine has not yet been deposited because of an approved hardship waiver, the hearing officer shall specify in the written decision a payment schedule for the fine, including the date upon which the fine will be overdue. If the hearing officer dismisses the administrative citation, any fine deposited with CAWD shall be promptly refunded.
(Ord. 2019-03, passed 4-25-2019)