Unless another procedure is provided by statute, ordinance or adopted rules and procedures, any administrative action or proceeding by the city for which a hearing is required shall conform to the following:
A. Conducting Of Hearing: Administrative hearings shall be conducted by the mayor or by one or more hearing officers appointed by the mayor. Hearings shall be considered to be a public meeting, and held either during the regular office hours of the city or during times regularly scheduled for the hearing of appeals. Hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply; however, an informal exchange of discovery may be required, if requested in writing. Failure to request discovery shall not be a basis for a continuance. Complainant information is protected and shall not be released unless the complainant is a witness at the hearing. Except as otherwise provided herein, the procedure and format of the hearing shall be determined by the hearing officer.
B. Notice Of Hearing: Reasonable notice stating time, place and subject matter shall be given to the parties involved, prior to any hearing. No hearing, or the result thereof, shall be invalidated by any defect in giving notice to the parties involved, unless a denial of due process is caused thereby.
C. Witnesses, Evidence, Minutes And Findings: At the request of any party, witnesses shall be sworn by the hearing officer. Each party shall have the opportunity to cross examine witnesses and present evidence in support of his or her case. A written declaration signed under penalty or perjury may be accepted in lieu of a personal appearance. Testimony may be given by telephone or other electronic means. Minutes of the hearing shall be kept by the city recorder, a deputy city recorder designated by the city recorder, or other secretary appointed by the mayor or the hearing officer. At the request and expense of any party, a hearing may be recorded by a certified shorthand reporter. Hearings may be tape recorded only under the direction and with the consent of the hearing officer. The hearing officer shall adopt written findings and enter a written order or decision, which shall be filed with the city recorder.
D. Burden Of Proof: In any hearing challenging an administrative determination that a city ordinance has been violated, the city bears the burden of proof to establish the existence of the violation. The standard of proof to be used by a hearing officer in deciding the issues at any hearing is whether such finding is supported by a preponderance of the evidence.
E. Final Decision: A written order or decision of a hearing officer shall constitute a final decision from which an appeal (for purposes of review and not a trial de novo) may be taken to a court of law, in the time and manner otherwise provided by law.
(Ord. 2005-29, 5-24-2005)