A. Hearing Before County Board Or Hearing Officer: If any applicant or licensee properly requests a hearing on a departmental denial, suspension or revocation of license or written departmental denial of a variance, such hearing shall be held before the County Board or a hearing examiner as provided below and shall be open to the public.
B. Hearing Date: Unless an extension of time is requested by the appellant in writing directed to the Chair of the County Board and is granted, the hearing will be held no later than forty five (45) calendar days after the date of service or request for a hearing, exclusive of the date of such service. In any event, such hearing shall be held no later than ninety (90) days after the date of service of request for a hearing, exclusive of the date of such service.
C. Notice Of Hearing: The County Board shall mail notice of the hearing to the appellant and to the department at least fifteen (15) working days prior to the hearing. Such notice shall include:
1. A statement of time, place and nature of the hearing.
2. A statement of the legal authority and jurisdiction under which the hearing is to be held.
3. A reference to the particular section of the ordinance and rules involved.
D. Hearing Examiner: The County Board may, by resolution, appoint an individual, to be known as the hearing examiner, to conduct the hearing and to make findings of fact, conclusions and recommendations to the County Board. The hearing examiner shall submit the findings of fact, conclusions and recommendations to the County Board in written report and the County Board may adopt, modify or reject the report.
E. Conduct Of Hearing: The applicant or licensee may be represented by counsel. The department, the licensee or applicant and additional parties, as determined by the County Board or hearing examiner, in that order, shall present evidence. All testimony shall be sworn under oath. All parties shall have opportunity to respond to and present evidence, cross-examine witnesses and present argument. The County Board or hearing examiner may also examine witnesses.
F. Burden Of Proof: The department shall have the burden of proving its position by a preponderance of the evidence, unless a different burden is provided by substantive law and all findings of fact, conclusions and decisions by the County Board shall be based on evidence presented and matters officially noticed.
G. Evidence: All evidence which possesses probative value, including hearsay, may be admitted if it is the type of evidence on which prudent persons are accustomed to relay in the conduct of their serious affairs. Evidence which is incompetent, irrelevant, immaterial or unduly repetitious may be excluded. The hearing shall be confined to matters raised in the department's written notice of suspension, summary suspension or termination, or in the appellant's written request for a hearing.
H. Prehearing Conference: At the request of any party or upon motion of the County Board or hearing examiner, a prehearing conference shall be held. The prehearing conference shall be conducted by the hearing examiner, if the Board has chosen to use one, or by a designated representative of the County Board. The prehearing conference shall be held no later than five (5) County working days before the hearing. The purpose of the prehearing conference is to:
1. Issues: Clarify the issues to be determined at the hearing.
2. Evidence: Provide an opportunity for discovery of all relevant documentary, photographic or other demonstrative evidence in the possession of each party. The hearing examiner or Board's representative may require each party to supply a reasonable number of copies of relevant evidence capable of reproduction.
3. Witnesses: Provide an opportunity for discovery of the full name and address of all witnesses who will be called at the hearing and a brief description of the facts and opinions to which each is expected to testify. If the names and addresses are not known, the party shall describe them thoroughly by job duties and involvement with the facts in issue.
I. Evidence Not Divulged At Prehearing: If a prehearing conference is held, evidence not divulged as provided above shall be excluded at the hearing unless the party advancing the evidence took all reasonable steps to divulge it to the adverse party prior to the hearing; and
1. The evidence was not known to the party at the time of the prehearing conference; or
2. The evidence is in rebuttal to matters raised for the first time at or subsequent to the prehearing conference.
J. Failure To Appear: If the applicant or licensee fails to appear at the hearing, he shall forfeit any right to a public hearing before the County Board or hearing examiner. (Ord., 12-20-1984)