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(a) Hearing Examiners. The Board or the Superintendent may appoint one or more hearing examiners or the Board may designate one or more of its members to serve as hearing examiners to conduct hearings. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(b) Conduct of Hearing. The examiner hearing the case shall exercise all powers relating to the conduct of hearings.
(c) Reporting. The proceedings at the hearing shall be reported by a phonographic reporter if requested by any party thereto. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the prescribed fee therefor.
(d) Continuances. The Board or the Superintendent may grant continuances; however, when a hearing examiner has been assigned to such hearing, no continuances may be granted except by the hearing examiner for good cause shown so long as the matter remains before the hearing examiner. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(e) Oaths – Certification. In any proceedings under this article, the Superintendent, the Board, any board member, any examining board, the Secretary of the Board or the hearing examiner has the power to administer oaths and affirmations and to certify to official acts. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(f) Reasonable Dispatch. The Superintendent, the Board, or the hearing examiner shall proceed with reasonable dispatch to conclude any matter being heard. Due regard shall be shown for the convenience and necessity of any parties or their representatives. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(g) Time and Place of Hearing. The Superintendent or the Board shall determine the time and place of hearing. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(h) Attendance of City Attorney. The City Attorney, upon the request of the Superintendent or 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. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(i) Maintenance of Order. The Superintendent, the Board or examiner shall require the maintenance of order in the hearing room, may order the exclusion of witnesses, may expel anyone who disturbs the hearing, and may secure the aid of the Police Department for such purposes. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(a) Contents. Whenever a hearing is required or available by this Code to determine whether a license as defined herein should be revoked suspended, limited or conditioned, such hearing shall be initiated by filing an accusation. The accusation shall be verified unless made by a public officer acting in their official capacity or by a duly appointed representative of the Department. The verification may be on information and belief. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(b) Service. Upon the filing of an accusation, the Superintendent shall serve a copy thereof on the respondent. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(c) Method of Service. The accusation may be served on the respondent personally or by registered or certified mail.
(d) Proof of Service – Time of Taking Effect. Service by registered mail shall be effective on the date of mailing, if a registered letter containing the accusation is mailed, postage prepaid, addressed to the respondent at the latest address on file with the Department, or as known by the City Clerk. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(e) Appearance – Objections to Service Waived. Where a respondent files a notice of defense or otherwise appears in a proceeding, all objections to the validity of service shall be deemed waived.
(f) Instructions With Accusation. The copy of the accusation shall include or be accompanied by a statement that respondent may request a hearing by filing a notice of defense as provided hereinafter within ten days after service upon the respondent of the accusation, and that failure to do so will constitute a waiver of the respondent’s right to a hearing. A postcard or other form, entitled “Notice of Defense,” shall be included with the accusation, which, when signed by or on behalf of the respondent and returned to the Department, will acknowledge service of the accusation and constitute a notice of defense as provided for hereinafter. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(a) Form and Purpose. Within ten days after service upon the respondent of the accusation, the respondent may file one or more notices of defense in which the respondent may: request a hearing; object to the accusation upon the ground that it does not state acts or omissions upon which the Department may proceed; object to the form of the accusation on the ground that it is so indefinite or uncertain that the respondent cannot identify the transaction or prepare their defense; admit the accusation in whole or in part. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(b) Failure to File Notice of Defense – Waiver. The respondent shall be entitled to a hearing on the merits if the respondent files a notice of defense within ten days, and any such notice shall be deemed a specific denial of all parts of the accusation not expressly admitted. Failure to file such notice shall constitute a waiver of respondent’s right to a hearing, but the Department, in its discretion, may nevertheless conduct a hearing. Unless objection is taken as provided in this section, all objections to the form of the accusation shall be deemed waived. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(c) Written Notice of Defense. The notice of defense shall be in writing signed by or on behalf of the respondent and shall state the respondent’s mailing address. It must be verified but need not follow any particular form.
(d) Amendment of Accusation. At any time before the matter is submitted for decision, the Board, Superintendent or hearing examiner may order or permit the filing of an amended or supplemental accusation. All parties shall be notified thereof. If the amended or supplemental accusation presents new charges, the respondent shall be afforded a reasonable opportunity to prepare a defense thereto. Any new charges shall be deemed controverted and any objections to the amended or supplemental accusation may be made orally and shall be noted in the record. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(a) Service. The notice of hearing shall be delivered or mailed to all parties at least five days prior to the hearing. The date of the hearing shall not be prior to the expiration of the time within which the respondent is entitled to file a notice of defense. The respondent may file a written waiver of time and request an immediate hearing. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(b) Form. The notice to respondent shall be substantially in the following form, but may include other information: (Amended by Ord. No. 185,587, Eff. 7/16/18.)
You are hereby notified that a hearing will be held before (the Board, Superintendent of Building or name of hearing examiner) at _______________ on the ____ day of __________ 20 ___, at the ______ hour of ____, upon the charges made in the accusation served upon you. You may be present at the hearing; you may, but need not, be represented by counsel; you may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefor with (Board, Superintendent of Building or name of hearing examiner).
(Amended by Ord. No. 139,419, Eff. 11/30/69.)
The Board, Superintendent or hearing examiner may order amendment of the accusation after submission of the case for decision. Each party shall be given notice of the intended amendment and opportunity to show that the party will be prejudiced thereby unless the case is reopened to permit the introduction of additional evidence in the party’s behalf. If such prejudice is shown, the Board, Superintendent or hearing examiner shall reopen the case to permit the introduction of additional evidence.
(a) Filing of Affidavit. The Board, Superintendent or examiner may obtain the issuance and service of a subpoena for the attendance of a witness or the production of other evidence at a hearing or upon the written demand of any party. The issuance and service of such subpoena shall be obtained upon the filing of an affidavit therefor which states the name and address of the proposed witness; specifies the exact things sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness has the desired things in their possession or under their control. A subpoena need not be issued when the affidavit is defective in any particular. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(b) Cases Referred to Examiner or Committee. In cases where a hearing is referred to an examiner or committee of examiners, all subpoenas shall be obtained through the examiner or chairperson of the committee.
(c) The City Clerk shall issue all such subpoenas upon demand of the Board, Superintendent or examiner. (Amended by Ord. No. 139,419, Eff. 11/30/69.)
(d) Penalties. Any person who refuses without lawful excuse to attend any hearing, or to produce material evidence in their possession or under their control as required by any subpoena served upon such person as provided for herein shall be guilty of a misdemeanor.
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