(A) At the hearing officer’s discretion or upon good cause shown, the hearing officer may continue the hearing by written notice before the scheduled hearing date or orally at or during the hearing.
(B) The hearing shall be open to the public.
(C) A representative of the city shall first present evidence to justify the proposed denial, suspension, modification, or revocation of a permit. Thereafter, the applicant or permittee may present evidence. The burden of proof to justify the denial, suspension, modification, or revocation is on the city.
(D) The hearing officer shall conduct the hearing in an informal fashion and shall not be bound by the technical rules of evidence.
(E) The hearing officer may continue any hearing to request additional information from city staff, the applicant, or the permittee prior to issuing a written decision. The hearing officer is not required to continue the hearing on the date the administrative hearing is held. A hearing is not concluded until the hearing officer receives any additional information requested pursuant to this subdivision.
(F) Unless otherwise provided in this code, if the applicant or permittee fails to appear for the hearing at the time and place noticed, the hearing officer in his or her discretion may conduct the hearing to a conclusion or may dismiss the appeal. If the appeal is dismissed, the notice appealed from shall become final and effective on the date of the hearing. Upon a showing of good cause, the hearing officer may set aside his or her decision or dismissal upon the applicant’s or the permittee’s failure to appear and may reschedule the appeal for hearing.
(Ord. No. 2840)