(A) Establishment.
(1) The Hearing Officer shall be a person or persons designated by the Mayor, with preference given to a member of the City Law Department, and shall not be an employee of the Enforcement Authority, or any City/County Officials to which the Enforcement Authority may have delegated powers of enforcement.
(a) A Hearing Officer shall not preside over a hearing or approve a compliance agreement if the Hearing Officer believes he or she is subject to disqualification, or if by motion of any party and the Hearing Officer agrees he or she is subject to disqualification for:
1. Bias, prejudice, or personal interest in the outcome of a hearing;
2. Knowledge of a disputed evidentiary fact which might influence the decision;
3. Failure to dispose of any motion or hearing in an orderly and reasonably prompt manner after written request by a party.
(b) Except as to the subjects of hearing schedules and procedures, a hearing officer who:
1. Comments publicly on a hearing over which the hearing officer presides; or
2. Communicates with a party or other individual who has an interest in the outcome of a hearing, without notice and opportunity for all parties to participate in the communication; is subject to disqualification under this section.
(B) Duties.
(a) Ensure that each notice of administrative hearing shall include the following information:
1. A caption for the hearing, which shall include the name of each party expected to participate in the hearing, and an official file or other reference number;
2. A statement of the date, time and place of the hearing;
3. The name of the Hearing Officer, mailing address and telephone number for the Enforcement Authority-through which information concerning the hearing may be obtained;
4. The official title, mailing address and telephone number of the person who has been designated to appear on behalf of the city; and
(2) Prior to the hearing, the Hearing Officer shall give the parties an opportunity to file documents or motions regarding matters of discovery or any other preliminary matter. At the time of filing, a party shall serve a copy of all filed items on each other party. The Hearing Officer, upon request by any party or upon the Hearing Officer's own initiative, may issue discovery orders.
(3) The Hearing Officer shall afford all parties the opportunity to participate in the hearing to the extent necessary for full consideration of all relevant facts and issues. A party may present evidence in the form of testimony, affidavits and documentation, engage in argument, and conduct cross-examination. A party may participate in person or by counsel at the party's own expense; if the party is not an individual or is incompetent to participate, then the party shall participate by a duly authorized representative.
(a) The city shall have the burden of proving the violation and the burden may be sustained by a preponderance of the evidence.
(b) The Hearing Officer shall conduct the hearing in an informal manner and without strict adherence to the technical rules of evidence and procedure which govern judicial proceedings. The Hearing Officer shall rule on the admissibility of any offer of proof, and on other motions, and shall exclude evidence that is irrelevant, immaterial, unduly repetitious, or excludable on constitutional or statutory grounds. The testimony of each party and witness shall be made under oath or affirmation.
(c) The Hearing Officer may take official notice of any section of the code, and any law or fact that could be judicially noticed in the courts.
(d) The Hearing Officer shall cause an audio recording of the hearing to be made at the expense of the city.
(4) The decision of the Hearing Officer shall be based exclusively upon the evidence of record in the hearing and on matters officially noticed therein.
(5) The record of each hearing under this article consists of the following:
(a) The notice of hearing;
(b) The notice of violation, if any;
(c) Any documents, motions, or exhibits filed or entered into evidence;
(d) Any written orders and decision of the hearing officer;
(C) Hearings/appeals. An order issued by the Code Official is subject to review at a hearing conducted by the Hearing Officer as provided in IC 36-7-9-7.
(1) The Hearing Officer may affirm, rescind or modify the order as provided in IC 36-7-9-7(d).
(2) The Hearing Officer may also impose a civil penalty of up to $2,500.
(3) In accordance with IC 36-7-9-7(i), civil penalties imposed may be collected as judgment under IC 36-7-9-13, or may be processed as a special assessment as provided under IC 36-7-9-13.5.
(4) Appeal of a decision made by a Hearing Officer under this chapter will be heard in accordance to IC 36-7-9-8.
(5) Detailed appeal rights shall be provided at the conclusion of the hearing that shall include time, to appeal, how to appeal, what will be considered on appeal and what constitutes appropriate grounds for appeal.
(Ord. G-07-09, passed 2-24-09; Am. Ord. G-8-17, passed 4-25-17)