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The provisions of this article, insofar as they are substantially the same as existing ordinances relating to the same subject matter, shall be construed as restatements and continuations and not as new enactments.
The procedure of the Board of Police Commissioners in denying, revoking or suspending any permit pursuant to this Code shall be conducted pursuant to the provisions of this article.
In this article unless the context or subject matter otherwise requires:
(a) “BOARD” means the Board of Police Commissioners.
(b) “HEARING EXAMINER” means any person appointed by the Board to conduct hearings pursuant to this article.
(c) “PARTY” includes the Board, the respondent and any other person, other than an officer and employee of the Board in their official capacity, who has an interest in a proceeding under this article.
(d) “RESPONDENT” means any person against whom an accusation is filed pursuant to this article.
(e) “PANEL” means the Police Permit Review Panel. (Amended by Ord. No. 168,324, Eff. 12/13/92.)
Section
102.02 Hearings Procedure.
102.03 Hearing on Revocation or Suspension of Permit – Initiation by Accusation.
102.04 Service of Accusation.
102.05 Notice of Defense.
102.06 Amendment of Accusation.
102.07 Notice of Hearing.
102.08 Time and Place of Hearing.
102.09 Subpoenas.
102.10 Evidence.
102.11 Official Notice.
102.12 Amendment of Accusation After Submission.
102.13 Method of Decision in Contested Cases.
102.13.01 Method of Decision – Referral to Police Permit Review Panel.
102.14 Form of Decision – Findings – Copies to Parties.
102.15 Effective Date of Decision.
102.16 Defaults and Uncontested Cases.
102.17 Reconsideration.
102.18 Preparation of Record.
102.19 Settlement of Accusations.
(a) Hearing Examiners. The Board may appoint one or more hearing examiners or designate one or more of its members to serve as hearing examiners to conduct the hearings provided by this article.
(b) Conduct of Hearing. The Board or the hearing examiner hearing the case shall exercise all powers relating to the conduct of the hearings.
(c) Reporting. The proceedings at the hearing shall be reported by a phonographic reporter.
(d) Continuances. The Board or hearing examiner may grant continuances at any stage of the proceedings.
(e) Oaths Certification. In any proceedings under this article, the Board, any board member, the Secretary of the Board, or the hearing examiner has the power to administer oaths and affirmations and to certify to official acts.
(f) Service by Mail – Time of Taking Effect. Wherever service by mail is authorized by this article, such service shall be effective on the date of mailing if a letter containing the required papers or notice is mailed, postage prepaid, addressed to the applicant or permittee at the latest address on file with the Board.
A hearing to determine whether a permit should be revoked, suspended limited, or conditioned shall be initiated by filing an accusation. The accusation shall be a written statement of charges which shall set forth in ordinary and concise language the acts or omissions with which the respondent is charged, to the end that the respondent will be able to prepare their defense. It shall specify the statutes and rules which the respondent is alleged to have violated but shall not consist merely of charges phrased in the language of such statutes and rules. The accusation shall be verified unless made by a public officer acting in their official capacity or by a duly appointed representative of the Board. The verification may be on information and belief.
Upon the filing of an accusation the Board shall serve a copy thereof on the respondent.
(a) Method of Service. The accusation may be served on the respondent by the following means:
1. Personally, or
2. By Certified mail. (Amended by Ord. No. 116,065, Eff. 7/2/60.)
(b) Proof of Service, Time of Taking Effect. Service may be proved in the manner authorized in civil actions. Service by certified mail shall be elective on the date of mailing if a certified letter containing the accusation is mailed, postage prepaid, and addressed to the respondent at the latest address on file with the Board. (Amended by Ord. No. 116,065, Eff. 7/2/60.)
(c) 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.
(d) Form of 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 in Sec. 102.05 within 10 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. The Board shall include with the accusation a post card or other form entitled, “Notice of Defense,” which when signed by or on behalf of the respondent and returned to the Board, will acknowledge service of the accusation and constitute a notice of defense under Sec. 102.05.
(a) Time of Filing. Within 10 days after service upon the respondent of the accusation the respondent may file with the Board one or more notices of defense in which the respondent may:
1. Request a hearing;
2. Object to the accusation upon the ground that it does not state acts or omissions upon which the Board may proceed;
3. Object to the form of the accusation on the ground that it is so indefinite or uncertain that the respondent can not identify the transaction or prepare their defense;
4. Admit the accusation in whole or in part.
(b) Failure to File – Waiver. The respondent shall be entitled to a hearing on the merits if the respondent files a notice of defense within 10 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 rights to a hearing, but the Board in its discretion may nevertheless grant a hearing. Unless objection is taken as provided in this section, all objections to the form of the accusation shall be deemed waived.
(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 need not be verified or follow any particular form.
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