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Subpoenas in proceedings before the Code Hearing Unit may only be issued by a Hearing Officer. The availability, number, scope and manner of subpoenas in a given proceeding are governed by the ordinance particular to the subject matter or violation in question. In general, subpoenas are issued at the discretion of the Hearing Officer.
(1993 Code, § 39.33) (Ord. 98-17, passed 11-18-1998; Ord. 2000-04, passed 3-15-2000)
The formal and technical rules of civil and criminal procedure and evidence shall not apply in the conduct of administrative hearings. Evidence, including hearsay, may be admitted if it is of a type commonly relied upon by reasonably prudent persons.
(1993 Code, § 39.34) (Ord. 98-17, passed 11-18-1998; Ord. 2000-04, passed 3-15-2000)
Parties may represent themselves or may be represented by an attorney. Any and all counsel appearing on behalf of a respondent in any proceeding before a Hearing Officer must file a written and signed appearance. PROCEEDING as defined in this section includes, but is not limited to, any and all requests for a continuance, hearings on motions, including motions to vacate default judgments, or hearings on the merits of the case.
(1993 Code, § 39.36) (Ord. 98-17, passed 11-18-1998; Ord. 2000-04, passed 3-15-2000)
All requests or motions for continuances must be filed in writing with the Code Hearing Unit. Continuances are not looked upon with favor and shall only be granted where absolutely necessary for good cause shown. Lack of preparation shall not be grounds for a continuance. The Hearing Officer may grant continuances only upon a finding of good cause.
(1993 Code, § 39.37) (Ord. 98-17, passed 11-18-1998; Ord. 2000-04, passed 3-15-2000)
Any motion to vacate a default must be filed within 35 days of the date a copy of the findings, decision and order of the Hearing Officer is served upon the respondent. The Code Hearing Unit shall not have jurisdiction to vacate a default order after the foregoing 35-day period. However, lack of personal jurisdiction may be raised at any time.
(1993 Code, § 39.39) (Ord. 98-17, passed 11-18-1998; Ord. 2000-04, passed 3-15-2000)
If the Hearing Officer determines that the petitioner has not afforded proper notice under the applicable ordinance in question, then the case shall be continued on the call to afford the petitioner an opportunity to resend notice. If at the continued date the petitioner has not afforded proper notice, the Hearing Officer shall dismiss the matter for want of prosecution. Said first dismissal shall be without prejudice.
(1993 Code, § 39.40) (Ord. 98-17, passed 11-18-1998; Ord. 2000-04, passed 3-15-2000)
Pre-hearing motions should be limited to motions for leave to request discovery, subpoenas, continuances or vacation of prior default. In matters where discovery is allowed by the Hearing Officer, discovery related motions may also be allowed.
(1993 Code, § 39.41) (Ord. 98-17, passed 11-18-1998; Ord. 2000-04, passed 3-15-2000)
A party and the issuing county department may enter into a settlement or stipulation of the issues or case and present the same to the Hearing Officer when the matter is called.
(1993 Code, § 39.42) (Ord. 98-17, passed 11-18-1998; Ord. 2000-04, passed 3-15-2000)
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