10-21-310  Review hearings.
   (a)   When a respondent timely requests a review of a determination by the Director, it shall receive a hearing consistent with this chapter.
   (b)   An attorney who appears on behalf of any person shall file with the Administrative Law Officer a written appearance on a form provided by the One-Call Adjudicatory Process for such purpose.
   (c)   The Administrative Law Officer may grant continuances only upon a finding of good cause.
   (d)   All testimony shall be given under oath or affirmation.
   (e)   No new documents may be introduced before the Administrative Law Officer which were available to the parties prior to review of the Evaluation Panel.
   (f)   The Administrative Law Officer may issue subpoenas to secure the attendance and testimony of relevant witnesses and the production of relevant documents. Issuance of subpoenas shall be subject to Section 10-21-300.
   (g)   Subject to subsection (i) of this section, the Administrative Law Officer may permit witnesses to submit their testimony by affidavit or by telephone.
   (h)   The formal and technical rules of evidence shall not apply in the conduct of the hearing. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
   (i)   The Administrative Law Officer shall give deference to the Evaluation Panel's findings of fact and the Director's determination. The Administrative Law Officer shall take de novo consideration as to the weight of the testimony and credibility of the witnesses. The party who seeks review of the Director's determination has the burden to establish that the decision was clear error, and thus must firmly convince the Administrative Law Officer that a mistake was made in the Director's determination.
   (j)   Upon the timely request of any party to the proceeding, any person, who the Administrative Law Officer determines may reasonably be expected to provide testimony which is material and which does not constitute a needless presentation of cumulative evidence, shall be made available for cross-examination prior to a final decision.
   (k)   Upon conclusion of a hearing, the Administrative Law Officer shall issue a final decision affirming or reversing, in whole or in part, the Director's determination. Upon issuing a final decision the Administrative Law Officer may modify the Director's determination accordingly, provided that the Administrative Law Officer's decision is consistent with this Chapter 10-21. It may also assess costs reasonably related to instituting the administrative adjudication proceeding; provided, however, that in no event shall the Administrative Law Officer have the authority to impose a fine in excess of $50,000.00 exclusive of costs of enforcement or costs imposed to secure compliance with this Code.
   (l)   The record of all hearings before the Administrative Law Officer shall include:
      (1)   a record of the testimony presented at the hearing, which may be made by tape recording or other appropriate means;
      (2)   all documents presented at the hearing;
      (3)   a copy of the administrative notice of violation;
      (4)   a copy of the Evaluation Panel's findings of fact and recommendation;
      (5)   a copy of the Director's determination;
      (6)   a copy of the notice of hearing; and
      (7)   a copy of the findings and decision of the Administrative Law Officer.
(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 11-7-18, p. 88803, § 27; Amend Coun. J. 9-14-21, p. 35804, § 1)