Each administrative hearing officer appointed by the City Council must be an attorney admitted to the practice of law in the State of Michigan for at least five years and is removable only upon reasonable cause. Each administrative hearing officer has all the power necessary to conduct fair and impartial hearings including, but not limited to, the power to:
(A) Hold conferences for the settlement or simplification of the issues;
(B) Administer oaths and affirmations;
(C) Hear testimony;
(D) Rule upon motions, objections, and the admissibility of evidence;
(E) Subpoena the attendance of relevant witnesses and the production of relevant books, records, or other information, subject to the restrictions contained in § 156.29 at the request of any party or on the administrative hearing officer’s own motion;
(F) Preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing;
(G) Regulate the course of the hearing in accordance with this chapter, the rules adopted by the Bureau, or other applicable law;
(H) Discuss administrative adjudication proceedings with a supervisor, if one is appointed;
(I) Issue a final order, which includes findings of fact and conclusions of law;
(J) Impose penalties and fines, if any, and issue orders that are consistent with applicable code provisions and assess costs upon finding a party liable for the charged violation; provided, however, that an administrative hearing officer does not have the authority to: impose a penalty of imprisonment; or except in cases to enforce the collection of any tax imposed and collected by the city, in which this limitation shall not apply, impose a fine in excess of $10,000 exclusive of costs of enforcement or costs imposed to secure compliance with this Code;
(K) Assess costs upon affirming the order or determination in any case in which a party has sought review by the Bureau of an order or determination of another city department or agency, when such review is authorized by this Code; and
(L) Does not have the power to reduce, suspend or hold in abeyance any minimum fine which may be established from time to time by resolution of the City Council for any violation established in this chapter.
(Ord. 810, passed 3-5-07)