(Amended by Ord. No. 187,032, Eff. 6/14/21.)
A. Request for Hearing. A Respondent may file with the Commission a request for hearing within 15 calendar days from the date the notice of violation is served upon the Respondent. In order to be considered timely, the request for hearing must be postmarked or received by the Commission within the 15 calendar days. The request for hearing must: 1) be in writing; 2) specify in detail the objections to the notice of violation; and 3) indicate the Respondent’s preferred return mailing address.
B. Hearing Date. As soon as practicable after receiving the request for a hearing, the Commission or its designee shall select a Hearing Officer to hear and rule on the notice of violation. The Hearing Officer shall fix a date, time, and place for the hearing. Written notice of the time and place for the hearing shall be served, by First Class mail, on the General Manager and on the Respondent at the return address indicated on the request for a hearing. Service of the notice of hearing must be made at least 20 calendar days prior to the date of the hearing. The hearing shall be held no later than 45 calendar days after service of the notice of hearing, unless that time is extended by mutual agreement.
C. Notice of Hearing. Except as otherwise provided by law, the failure of the Respondent to receive a properly addressed and mailed notice of the hearing shall not affect the validity of any proceedings under this article. Service by First Class mail, postage prepaid, shall be effective on the date of mailing.
D. Stay of Enforcement. The accrual of penalties shall be stayed until the final determination of the hearing.
E. Failure to Request Hearing. Upon the failure of a Respondent to file a request for hearing in accordance with the provisions of this section or to appear at the hearing, the General Manager’s notice of violation shall immediately become final and enforceable.
F. Submittals for the Hearing. No fewer than seven calendar days prior to the hearing, the General Manager and the Respondent shall submit to the Hearing Officer, with simultaneous service by First Class mail to one another, the statement of issues to be determined by the Hearing Officer, a statement of the evidence to be offered and the witnesses to be presented at the hearing, and any other relevant evidence.
G. Conduct of Hearing. The Hearing Officer shall conduct all hearings under this section and may accept evidence on which persons would commonly rely in the conduct of their business affairs, including, but not limited to, the following:
1. A notice of the General Manager, which shall be considered to be prima facie evidence of the violation(s) specified therein; and
2. Oral and written testimony under penalty of perjury relating to the violation(s) and the appropriate means of correcting the violation(s).
The hearing shall be open to the public and shall be audio recorded. Any party to the hearing may, at their own expense, cause the hearing to be video recorded or transcribed by a certified court reporter. The General Manager shall have the burden of proof by a preponderance of the evidence in each hearing. The Hearing Officer may continue the hearing and order the production of additional information from the General Manager or Respondent prior to issuing a written decision. The Commission may adopt written procedures for the conduct of hearings pursuant to this article, including, but not limited to, the use of witnesses and evidence.
H. Hearing Officer’s Findings and Determinations. Within 30 calendar days after the conclusion of the hearing, the Hearing Officer shall make findings in the form of an administrative ruling based on the record of the hearing and may uphold or reject the violation(s) referenced in the General Manager’s notice of violation in whole or in part. The Hearing Officer also may uphold the notice of violation and increase, reduce, waive or conditionally increase, reduce or waive the administrative penalties, Compensatory Penalties, or both, based on specific findings of aggravating or mitigating circumstances drawn from the evidence presented at the hearing. The Hearing Officer may impose, reduce, waive or conditionally reduce or waive conditions imposed by the General Manager including the modification of deadlines for the correction of violations or the payment of outstanding penalties. The Hearing Officer shall serve the administrative ruling, by First Class mail, on the General Manager and Respondent. The date of service shall be the date of the postmark on the mailing.
I. Payment of Penalties. Penalties imposed by the Hearing Officer pursuant to this article shall be due and payable in accordance with Section 51.07.