Loading...
If the respondent fails to file a notice of defense or fails to appear at the hearing, the Board may take action based upon the respondent’s express admissions or upon other evidence, and affidavits may be used as evidence without any notice to respondent; and where the burden of proof is on the respondent to establish that the respondent is entitled to the Board action sought, the Board may act without taking evidence. Nothing herein shall be construed to deprive the respondent of the right to make any showing by way of mitigation. (Amended by Ord. No. 158,410, Eff. 11/27/83.)
The Board may order a reconsideration of all or part of the case on its own motion or on petition of any party. The power to order a reconsideration shall expire 15 days after the delivery or mailing of a decision to respondent, or on the date set by the Board as the effective date of the decision if such date occurs prior to the expiration of the 15-day period. If no action is taken on a petition within the time allowed for ordering reconsideration the petition shall be deemed denied.
(a) Procedure on Reconsideration. The case may be reconsidered by the Board on all the pertinent parts of the record and such additional evidence and argument as may be permitted, or may be assigned to a hearing examiner. A reconsideration assigned to a hearing examiner shall be subject to the procedure provided in Sec. 102.13. If oral evidence is introduced before the Board, no Board member may vote unless the Board member heard the evidence or has read the transcript of the proceedings held in that Board member’s absence.
(Amended by Ord. No. 157,033, Eff. 9/27/82.)
(a) Request for Record. A party to any proceedings under this article who is seeking review of Board action, either before the Board or in a court of law, may file a request for a complete record or designated portions of the records of proceedings. The complete record or portions thereof shall be prepared by the Board and shall be delivered to such party within 30 days after such request. The request shall be accompanied by a deposit to cover the expense of preparation and certification thereof.
(b) Preparation of Transcript. In the event any proceedings under this article is reported by City personnel a transcript of such proceeding may be obtained by any party or any interested person. The cost for such transcript shall be $5.50 per page or fraction thereof for the first copy thereof. As used herein the term “interested person” means a person, though not a party, as determined by the Board 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 recognized as such by the Board.
Notwithstanding any other provisions of this article, the Board may enter into a stipulated settlement with a permittee served with an accusation as provided in Section 102.04 of this article. Such stipulation shall include an express waiver of the permittee’s hearing rights and a concise statement of the penalty to be imposed for the alleged misconduct. After the permittee or the permittee’s legal representative has agreed to and signed the stipulated settlement, it shall be presented to the Board for approval. If the Board approves, the penalty shall immediately take effect and no further proceedings otherwise required by the provisions of this article shall be deemed necessary. If the proposed settlement is disapproved by the Board, the permittee shall be so notified and shall at the same time be notified as to a hearing date pursuant to the provisions of Section 102.05 and 102.07 of this Code. (Added by Ord. No. 152,042, Eff. 4/14/79.)
The provisions of this article, insofar as they are substantially the same as existing ordinance relating to the same subject matter, shall be construed as restatements and continuations and not a new enactments.
The provisions of this article shall apply to regulate and control all permits heretofore or hereafter issued by the Board of Police Commissioners. Additional requirements may be imposed by law or by rules and regulations of the Board.
Loading...