Any hearing must take place before a proper Hearing Officer.
(A) An attorney who appears on behalf of any person shall file with the Hearing Officer an entry of appearance.
(B) The Hearing Officer may grant continuances only in cases where a continuance is absolutely necessary to protect the rights of the defendant. Lack of preparation by either party shall not be grounds for a continuance.
(C) All testimony shall be given under oath or affirmation.
(D) The Hearing Officer may issue subpoenas to secure the attendance and testimony of relevant witnesses and production of relevant documents. Issuance of subpoenas shall be subject to the restrictions contained herein.
(E) The formal and technical rules of evidence shall not apply to 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 his or her affairs.
(F) No violation may be established except upon proof by a preponderance of the evidence (which means that the offense, more likely than not, occurred).
(G) Upon timely request of any party to a proceeding, any person, who the Hearing 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 determination of liability.
(H) The record of all hearings before a Hearing Officer shall include:
1. All documents presented at the hearing;
2. A copy of the notice of the violation or notice of the hearing;
3. A recording of the proceedings (either by tape recorder or digital recorder); and
4. A copy of the findings and decisions of the Hearing Officer.
(I) Upon conclusion of a hearing, the Hearing Officer shall make a final written determination on the basis of the evidence as to whether or not a code violation exists. Upon issuing a final determination of liability, the Hearing Officer shall:
1. Impose penalties and/or fines that are consistent with the applicable provisions of this Code;
2. Issue orders that are consistent with the applicable provisions of this Code, including, but not limited to, orders to cure or abate any continuing violations of this Code; and
3. Assess costs reasonably related to instituting the hearing.
(J) In the issuance of the final determination of liability, a Hearing Officer shall inform the defendant of defendant's right to seek judicial review of the final determination in the Circuit Court of Tazewell County. (Ord. 803, 2-24-2015)