(A) Evidentiary rules. At the hearing, the administrative citation shall constitute prima facie evidence of the respective facts contained in the citation. Both the party contesting the administrative citation and the enforcement officer shall be given the opportunity to testify and to present additional evidence concerning the administrative citation. Such evidence may include the testimony of other witnesses, or the introduction of documents or other evidence. Such testimony, written documents, or other evidence sought to be introduced shall not be limited to any legal rules of evidence, save and except for the rule that it shall be relevant and material to the issues of whether the violation alleged in the citation occurred and whether the person cited committed, caused or was responsible for the violation.
(B) Waiver of personal appearance at hearing. Instead of appearing at an administrative hearing in person or by an authorized representative, a person contesting an administrative citation may request that the hearing officer decide the matter based on the face of the citation and any other documentary evidence submitted by the person cited or the enforcing department prior to the date of the hearing.
(C) Failure to appear at hearing. The failure of any person requesting an administrative hearing to appear at the hearing in person or by an authorized representative shall be deemed to be a waiver of the right to be personally present at the hearing and the hearing officer shall decide the matter based upon the citation, any written materials which have previously been submitted in anticipation of the hearing, and any other evidence which may be presented at the hearing by the enforcement officer.
(D) Attendance of enforcement officer. The enforcement officer who issued the administrative citation may, but is not required to, attend the administrative hearing. If the enforcement officer does not attend, he or she may, prior to the hearing date, submit to the hearing officer reports, photographs or other documentation regarding the violation for consideration at the hearing.
(E) Continuation of hearings. The hearing officer may continue any hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision.
(Ord. 638-C.S., passed 2-6-01)