A. Administrative enforcement hearings are intended to be informal in nature. Formal rules of evidence and discovery shall not apply.
B. The Town shall bear the burden of proof to establish the existence of a violation of the Code, Town ordinance, or applicable state codes.
C. Such proof shall be established by a preponderance of the evidence.
D. Each party shall have the opportunity to present evidence in support of the party's case.
E. All Administrative Hearings shall be held in accordance with the Utah Open and Public Meetings Act. In the discretion of the hearing examiner, Administrative Hearings may be held at the location of the violation.
F. The responsible person shall have the right to be represented by an attorney. If an attorney will be representing a responsible person at a hearing, notice of the attorney's name, address, and telephone number shall be given to the Town at least seven (7) days prior to the hearing. If such notice is not given, the hearing may be continued at the Town's request, and all costs of the continuance shall be assessed to the responsible person.
G. The burden to prove any raised defenses shall be upon the party raising any such defense.
H. A responsible person who fails to appear at an Administrative Hearing shall be deemed to have waived the right to such hearing, the adjudication of issues related to the hearing, and the right to appeal. (Ord. 23-01, 1-3-2023)