Whenever a hearing is requested in regard to an application, renewal, suspension or revocation of a license, the procedure shall be governed by the following:
(A) Hearing officer. The hearing shall be before an impartial hearing officer who shall conduct the hearing on behalf of the County Board. The Department shall prescribe the duties of the hearing officer or contract with the Office of Administrative Hearings. The Department shall ascertain the availability and timeliness of scheduling the hearing through the Office of Administrative Hearings. If it is determined that a prompt hearing is not readily available through the Office of Administrative Hearings, the Department may appoint an individual learned in the law to act as the hearing officer.
(B) Prehearing and hearing notice. The Department shall schedule and provide notice of the date, time and place of the prehearing conference and hearing. The prehearing conference shall be held at least three weeks prior to the hearing. The hearing shall be held no later than 45 calendar days after receipt of the request for hearing or by mutual agreement of the parties, subject to scheduling by the Office of Administrative Hearings.
(C) Procedure. The prehearing conference and hearing shall be conducted in the following manner:
(1) The prehearing conference shall define the issues, schedule the exchange of witness lists and documentary evidence, seek agreement on the authenticity of documents and relevant testimonial evidence, determine whether intended evidence is cumulative and repetitive, and consider all other matters that will assist in a fair and expeditious hearing.
(2) Each party shall exchange all relevant information and documentary evidence at least one week prior to the hearing date. Such information shall include all evidence intended for introduction at the hearing and includes but is not limited to the following: exhibits; statements; reports; witness lists including a description of the facts and opinions to which each is expected to testify; photographs; slides; demonstrative evidence. Evidence not exchanged in accordance with this provision will not be considered in the hearing unless good cause is shown to the hearing officer.
(3) The hearing shall be public and shall be tape recorded or upon agreement of the parties may be recorded by a court reporter.
(4) All witnesses shall testify under oath or affirmation.
(5) Hearings shall be informal and the rules of evidence as applied in the courts shall not apply. Irrelevant, immaterial and repetitious evidence shall be excluded.
(6) The Department shall have the burden of proof through clear and convincing evidence.
(7) The Department, licensee or applicant, and additional parties as determined by the hearing officer, shall present evidence in that order. Each party shall have the opportunity to cross-examine the witnesses of the other party. The hearing officer may examine witnesses.
(8) Failure of an applicant or licensee to appear at the hearing shall result in a waiver of the right to a hearing.
(9) The hearing officer shall issue a report containing written findings of fact and conclusions based upon the evidence presented at the hearing and shall submit the same to the County Board.
(10) Each party may submit written arguments to the County Board.
(11) The County Board shall consider the report of the hearing officer at the next possible board meeting and may adopt or modify the report and take action, reject the report of the hearing officer, or remand for further hearing. The parties shall be notified of the action of the County Board within 30 calendar days following its determination.
(12) Issuing, denying, suspending, modifying, imposing conditions upon or revoking a license shall be subject to review by the Agency. The Agency shall after written notification have 15 days to review, affirm, suspend, modify or reverse the action of the County Board. After this period the action of the County Board shall be final subject to appeal to the District Court.
(13) Appeal of a decision by the County Board shall be made to the District Court within 30 calendar days following the review by the Agency. The scope of review of the District Court shall be governed by M.S. § 14.69. Filing an appeal does not stay enforcement of the County Board decision.
(Ord. 28F, passed 10-31-00; Am. Ord. 60-2007, passed 8-14-07)