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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.
Any person who fails or refuses without lawful excuse to attend any hearing, or to produce material evidence in the person’s possession or under the person’s control as required by any subpoena served upon such person as provided for herein, or who being present at any hearing either in obedience to a subpoena or otherwise, willfully refuses to be sworn or answer any material or proper question when directed by an examiner, shall be guilty of a misdemeanor and shall be punishable by a fine of not more than $1,000.00 or imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment.
SECTION HISTORY
Based on Ord. No. 95,338.
Amended by: Ord. No. 160,064, Eff. 7-28-85.
(a) “Interested person” means a person who, though not a party, is determined by the board, department, officer, or examiner to have a special interest in a proceeding and to be privileged to appear therein. No person shall be deemed to be an interested person unless the person is recognized as such by the board, department, officer or examiner.
(b) “Party” means a person upon whose appeal, protest, or application, or against or directly affecting whom any action is proposed to be taken or withheld by a board, department, or officer.
SECTION HISTORY
Based on Ord. No. 108,210.
Amended by: Subsec. (b), Ord. No. 119,872.
If a hearing is reported by the City employee, a transcription shall be made at the request of any party or interested person upon the party’s or interested person’s prepayment to the City to the credit of departmental receipts of the estimated fee for the preparation of a copy thereof based upon the rates established herein. Where such report is transcribed, the transcript shall be placed on file in the office of the board or officer concerned. All such transcripts made by City employees shall be prepared on City time at the direction of their supervisors as part of their regular duties and they shall not prepare such transcripts otherwise.
SECTION HISTORY
Based on Ord. No. 108,210.
Amended by Ord. No. 119,872.
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