Loading...
(a) A person who files a protest, appeal, or application with a board thereby appears as a party in the proceeding thereon. Such party is the protestant, appellant or applicant, as the case may be.
(b) A person given notice by the board to appear in response to a proposal or application that the board take action against, or directly affecting such person, is a party to the proceeding thereon. Such party is the respondent in the proceeding.
SECTION HISTORY
Based on Ord. No. 95,338.
Whenever a board refers a matter to an examiner or committee, such notice shall be given of the time, place and purpose of any hearing therein as would be required by law if such hearing were to be conducted before such board. Unless it is otherwise stipulated by all parties, notice of a hearing shall be given at least five days before such hearing, and shall be given in person or by mail to each party and interested person, except that written notice may be transmitted through regular messenger service to any board, officer or employee of the City who is a party or interested person; provided, however, that whenever a matter regularly before a board for hearing is then and there referred to an examiner or committee, the hearing may then be had before the examiner or committee, or it may be continued by the board, examiner or committee to a date stated, and no further or other notice need be given, except as may be required by order of the board.
SECTION HISTORY
Based on Ord. No. 95,338.
The examiner or the chairperson shall obtain the issuance and service of a subpoena for the attendance of a witness at a hearing upon the request of a member of the board or upon the written demand of any party. The examiner or the chairperson shall obtain the issuance and service of a subpoena for the production of evidence at a hearing upon the filing of an affidavit therefor. Such affidavit must state the name and address of the proposed witness, specify the exact things sought to be produced and the materiality thereof in detail to the issues involved, and state that the witness has the desired things in the witness’s possession or under the witness’s control.
SECTION HISTORY
Based on Ord. No. 95,338.
(a) Except as otherwise provided herein, appeals, protests, investigations and hearings referred by a board to an examiner or committee shall be considered and conducted pursuant to the rules therefor adopted by such board.
(b) Hearings shall be reported by a phonographic reporter at the direction of the board, or of the examiner or chairperson, or shall be so reported at the request of any party upon the party’s payment of the cost of the reporting in the amount fixed by the board. A report so made shall be transcribed as may be directed by the board, examiner or chairperson, within their discretion, or shall be transcribed at the request of any party or interested person upon the person’s prepayment of the fee for the preparation of a copy thereof. Where such report is transcribed, the transcript shall be placed on file in the office of the board. Any party or interested person may purchase a copy of the transcript by paying the cost thereof, and if the hearing is reported by a City employee, such money shall be paid over to the City Treasurer to the credit of departmental receipts. The cost of such transcript shall be designated in the ordinance prescribing a uniform policy and fee schedule for transcripts of hearings reported by the City employees.
(c) The examiner or chairperson may direct any person present to testify in a hearing whether or not such person was subpoenaed to testify.
(d) The examiner or chairperson shall require the maintenance of order in the hearing room, may order the exclusion of witnesses and may expel any one who disturbs the hearing, and the examiner or chairperson may secure the aid of the Chief of Police for such purposes.
(e) The City Attorney, upon the request of the board, may assign one of the City Attorney’s deputies or assistants to attend any hearing, and to give advice on any and all legal matters pertaining to the proceeding.
(f) The examiner or chairperson may continue a hearing at any stage thereof.
SECTION HISTORY
Based on Ord. No. 95,338.
Amended by: Ord. No. 108,209.
Within such period as may be fixed by the board, the examiner or committee shall submit a written report to the board. Such report shall contain a brief summary of the evidence considered and shall state the examiner’s or committee’s conclusions and recommendations, and if the matter is then ready for decision, the report shall contain a proposed decision, in such form that it may be adopted by the board as its decision in the case, and a brief statement of the examiner’s reasons therefor. In the event the reference is to a committee, the committee may submit a single report, or any member may submit a separate report. All examiner’s or committee’s reports shall be filed by the secretary of the board as public records. A copy of each proposed decision so filed shall then be mailed by the secretary of the board to each party and to each interested person.
SECTION HISTORY
Based on Ord. No. 95,338.
The board shall fix a time when the board will consider the report or reports. Notice thereof shall be mailed to each party and interested member person not less than five days prior to the date fixed, unless it is otherwise stipulated; provided, however, that written notice may be transmitted through regular messenger service to any board, officer or employee of the City who is a party or interested person in the proceeding.
Not later than two days before such date any party may file written exceptions to any part or all of the examiner’s or committee’s report or reports, and if a decision has been proposed by the examiner or committee, may attach thereto a decision proposed to be substituted for that proposed by the examiner or committee, together with the party’s written argument therefor. Any interested person may, by leave of the board, file exceptions, proposed conclusions and decision and argument. By leave of the board any interested party or interested person may present oral arguments to the board.
SECTION HISTORY
Based on Ord. No. 95,338.
(a) After considering the examiner’s or committee’s report and any exceptions, proposals, and argument submitted, the board may adopt, reject, or modify such report in whole or in part. If the matter is then ready for decision, the board may proceed to make its decision.
(b) If the board does not decide the matter upon the examiner’s or committee’s report, the board may itself consider the matter either in whole or in part, upon the record, including the transcript, or may decide the matter after itself receiving the whole or any part of the evidence or may refer part or all of the matter to the same or another examiner or committee. If part of the matter is so referred to an examiner or committee, such examiner or committee shall prepare and submit to the board a report, including a proposed decision as provided in Section 19.37, upon the evidence heard by such examiner or committee, and the papers, records, and reports which are part of the record of the prior hearing, and thereafter the matter shall proceed as heretofore provided in the case of an original examiner’s or committee’s report. If additional evidence is received by the board itself no member thereof may vote on the matter unless the member has heard the additional testimony or has read a phonographic reporter’s transcript of the same, or if there was other additional evidence, unless the member has considered such other additional evidence. The board shall give such notice of its decision as is provided or required in cases where it makes no reference to an examiner.
SECTION HISTORY
Based on Ord. No. 95,338.
Loading...