(a) Appointment and Qualifications of Hearing Officers. The Mayor shall appoint one or more hearing officers to perform the duties as provided in any ordinance or administrative regulation of the City of Norwood. A hearing officer may be a classified or unclassified employee of the City or be specially appointed on such terms and conditions as determined by the Mayor. A person appointed hearing officer shall serve in that capacity at the pleasure of the Mayor. A hearing officer shall be appointed solely with regard to his or her qualifications for the duties of the office, and shall have such training or experience as will qualify the hearing officer to conduct administrative or quasi-judicial hearings involving discretionary review hearings and administrative decisions and findings.
(b) General Duties. Hearing Officers shall review and examine all information, conduct public hearings, prepare records thereof, and enter findings, conclusions, and orders in cases assigned to the hearing officer for decision or review, in accordance with the procedures set forth in this chapter and with all other applicable laws, ordinances and regulations.
(c) Freedom From Improper Influence.
(1) No member of Council, member of the city administration, party to any proceedings before a hearing officer, or any other person shall interfere with, attempt to interfere with, or improperly influence or attempt to improperly influence a hearing officer in the performance of the duties of office.
(2) A hearing officer shall not conduct or participate in any hearing or decision in which the hearing officer or any of the following persons has a direct or substantial financial interest: a spouse, brother, sister, child, parent, or in-law of the hearing officer, or business firm or organization in which the hearing officer has a substantial interest. The hearing officer shall promptly report to the Mayor any attempt at interference or improper influence or any actual or potential conflict prior to such hearing.
(3) Wherever it may be shown to the satisfaction of the appropriate appellate authority that a hearing officer was subjected to improper influence, interference or interest, such improper influence, interference or interest shall be grounds for vacating any decision made by the hearing officer in such proceedings.
(d) Ex Parte Communications Prohibited. No party or other person participating in any proceeding before a hearing officer shall communicate by any means with the hearing officer regarding that proceeding other than at a public hearing, or at a pre-hearing conference at which all interested persons have been given notice or by mail with copies sent to all other parties and interested persons. This provision shall not prohibit communication between a hearing officer and any member of the administration assigned to assist or give legal counsel to the hearing officer in the pending proceeding.
(e) Public Hearings. The hearing officer shall conduct a public hearing on all applications and appeals whenever so authorized or directed by applicable ordinance. When the respective filing requirements of the applicable ordinances, rules, and regulations have been met, a date shall be assigned by the hearing officer for public hearing. The hearing shall be held within thirty (30) days after the filing of the application with the hearing officer, unless otherwise provided in the applicable ordinance or the delay is agreed to by all parties to the proceeding or is necessary in the interest of justice. The hearing officer may conduct such prehearing conferences as the hearing officer shall deem necessary or desirable upon notice to all interested persons.
(f) Notice of Hearing. When any case or appeal has been set for public hearing, the hearing officer shall cause notice of such public hearing to be mailed to all interested parties at least fourteen (14) days prior to such hearing. If the applicant or appellant is the owner or occupant of the subject property or the agent of the owner, the applicant or appellant shall post notice of the hearing on the subject property. The hearing officer shall adopt rules regarding the size, contents, locations, and length of time that signs giving notice of any hearing shall be posted. Written comments, findings, and recommendations from interested parties may be filed with the hearing officer at least three (3) days prior to the scheduled hearing. The hearing officer shall furnish copies thereof to the applicant without charge and to any other interested party at the cost of reproduction.
(g) Decision. Within ten (10) days from the close of the hearing the hearing officer shall render a decision on the case or appeal. The hearing officer shall also make and enter findings of fact from the record and conclusions of law in support of the decision. The findings and conclusions shall set forth and demonstrate the manner in which the decision is consistent with applicable laws, ordinances and regulations and the interests of justice.
The hearing officer shall send a copy of the decision and findings by certified mail to the applicant and deliver copies to interested city officials. The decision of the hearing officer shall be final, subject to reconsideration as provided below and to appeal as provided by ordinance or law.
(h) Appeals. A decision made pursuant to subsection (g) hereof [Decision] shall be final, subject only to appeal as specifically provided by ordinance or by law to a court of competent jurisdiction. (Ord. 52-2022. Passed 11-22-22.