(A) Any administrative adjudication proceeding conducted by the Bureau must be conducted before an administrative hearing officer.
(B) An attorney who appears on behalf of any person must file with the administrative hearing officer a written appearance on a form provided by or approved by the Bureau for such purpose.
(C) The case for the city may not be presented by an employee of the Bureau; provided, however, that documentary evidence, including the notice of violation, which has been prepared by another department or agency of the city may be presented at the hearing by the administrative hearing officer.
(D) The administrative hearing officer may grant a continuance only upon a finding of good cause.
(E) All testimony must be given under oath or affirmation.
(F) The administrative hearing officer may issue subpoenas to secure the attendance and testimony of relevant witnesses and the production of relevant documents. Issuance of subpoenas is subject to the restrictions contained in § 156.29.
(G) Subject to division (J) of this section, the administrative hearing officer may, in unusual circumstances, permit witnesses to submit testimony by affidavit or by telephone. The administrative hearings officer shall use his best efforts to verify the identity of any witness that may be allowed to testify by telephone.
(H) The formal and technical rules of evidence do not apply in 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 their affairs.
(I) The office of the City Attorney must prove the violation by a preponderance of the evidence; however, a violation notice, or a copy thereof, issued and signed in accordance with § 156.26 is prima facie evidence of the correctness of the facts specified therein.
(J) Upon the timely request of any party to the proceeding, any person, who the administrative hearing officer determines may reasonably be expected to provide testimony which is material and which does not constitute a needless presentation of cumulative evidence, must be made available for cross-examination before a final determination of liability.
(K) The record of all hearings before an administrative hearing officer includes:
(1) A record of the testimony presented at the hearing, which may be made by tape recording or other appropriate means;
(2) All documents presented at the hearing;
(3) A copy of the notice of violation or notice of hearing; and
(4) A copy of the findings and decision of the administrative hearing officer.
(L) Upon conclusion of a hearing, the administrative hearing officer must issue a final determination of liability or no liability. Upon issuing a final determination of liability the administrative law officer may:
(1) Impose penalties and or fines that are consistent with applicable provisions of this chapter;
(2) Issue orders that are consistent with applicable provisions of this chapter; and/or
(3) Assess costs reasonably related to instituting the administrative adjudication proceeding; provided, however, that the administrative hearing officer may not impose a penalty of imprisonment or, except in cases to enforce the collection of any tax imposed and collected by the city, where this limitation does not apply, impose a fine in excess of $10,000 exclusive of costs of enforcement and or costs imposed to secure compliance with this Code. The administrative hearing officer 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.
(M) In the issuance of a final determination of liability, an administrative hearing officer must inform the respondent of his or her right to seek judicial review of the final determination as provided in § 156.33.
(Ord. 810, passed 3-5-07)