(A) Hearings shall be scheduled with reasonable promptness. In all non-emergency situations, if requested by the respondent, the respondent shall have at least 15 days after service of process to prepare for a hearing. For purposes of this section, “non-emergency situation” means any situation that does not reasonably constitute a threat to the public interest, safety, health, or welfare. If service is provided by mail, the 15-day period shall begin to run on the day the notice is deposited in the mail.
(B) All hearings shall be open to the public, shall be recorded, and shall be conducted before an Administrative Hearing Officer.
(C) Documentary evidence, including the notice of violation, complaint, and attached exhibits, may be presented to the Administrative Hearing Officer.
(D) Any person appearing on behalf of the respondent shall file with the Administrative Hearing Officer a written appearance on a form provided by the Unit. Respondents appearing at the hearing may also be represented by counsel at their own expense.
(E) All testimony shall be given under oath or affirmation.
(F) The formal and technical rules of evidence shall not apply in an adjudicatory hearing authorized under this chapter. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
(G) Parties shall be provided with an opportunity for a hearing during which they may be represented by counsel, present witnesses, and cross-examine opposing witnesses. Parties may request the Administrative Hearing Officer to issue subpoenas to direct the attendance and testimony of relevant witnesses and the production of relevant documents; however, issuance of the subpoena shall be at the discretion of the Administrative Hearing Officer.
(H) Continuances may be granted at the discretion of the Administrative Hearing Officer upon a finding of good cause.
(I) Upon the conclusion of a hearing, the Administrative Hearing Officer shall issue a final determination of liability or no liability. No violation may be established except by proof by a preponderance of the evidence.
(J) Upon issuing a determination of liability, the Administrative Hearing Officer may impose penalties and/or fines that are consistent with applicable provisions of this code, impose a term of community service, assess costs reasonably related to instituting the administrative adjudication proceeding, if applicable, order the respondent to immediately correct the violation, and impose any other penalties or remedies available at law or equity.
(K) Payment in full of any fine or penalty resulting from a violation shall constitute a final disposition of that violation.
(Ord. 15-3507, passed 12-21-2015)