(A) Notice. A Hearing Officer will first determine whether the petitioner has afforded proper notice to the respondent. What constitutes proper notice is governed by the ordinance particular to the subject matter or violation in question. If notice is improper the matter will be returned to the petitioner for re-notice or refiling.
(B) Presentation of the county’s case. The county bears the responsibility for presenting its case. In general, the case may be presented by a county representative (including non-lawyers), live sworn testimony, sworn signed prima facie documentation or all of these.
(C) Respondent’s plea. In the event that the county has met its initial burdens of notice and evidence of its claim or of a violation, the respondent or the respondent’s representative shall be asked to enter a plea of “admit — liable” or “deny — not liable.”
(D) Presentation of the respondent’s case and defenses. The defenses available to the respondent and the manner in which they may be presented are governed by the ordinance particular to the subject matter or violation in question. In general, evidence may be presented through live sworn testimony, admissible documents, admissible exhibits or other admissible evidence.
(E) Questions by the Hearing Officer. The Hearing Officer may ask questions of the parties and witnesses, if necessary, to ensure the clarity and completeness of the testimony and record.
(F) Constitutional challenges. The Code Hearing Unit is not empowered to pass upon the constitutionality of a statute, ordinance, rule, regulation or other legislative or administrative action. See Yellow Cab Co. vs. City of Chicago, 938 F. Supp. 500 (1996). Parties may, however, make an objection, without argument, to the constitutionality of a statute, ordinance, rule, regulation or other legislative or administrative action for the record.
(G) Closing arguments. Each party may be afforded an opportunity to make closing arguments.
(H) Ruling. At the conclusion of the hearing, the Hearing Officer shall make a determination on the basis of the evidence presented at the hearing as to whether a violation exists or does not exist. The determination shall be recorded in the form of a written order and shall be designated as the Hearing Officer’s findings, decision and order.
(I) Service. Service of the findings, decision and order or any default order or other order shall be as provided by ordinance.
(1993 Code, § 39.43) (Ord. 98-17, passed 11-18-1998; Ord. 2000-04, passed 3-15-2000)