A. The city may contract with the office of administrative hearings to provide administrative law judges, contract annually for an individual administrative hearing officer, engage the services of a volunteer administrative hearing officer, or the city manager may appoint a fair and impartial city department director as a hearing officer or a fair and impartial member of the public determined to be competent and qualified to hear the matter in the discretion of the city manager. Except for volunteer administrative hearing officers and department directors, no individual administrative hearing officer shall be retained for more than a one year term.
B. The administrative hearing officer shall have all powers necessary to conduct fair and impartial hearings, including, but not limited to:
1. Hold conferences for settlement or simplification of issues;
2. Administer oaths and affirmations;
3. Hear testimony;
4. Rule upon motions, objections and the admissibility of evidence;
5. Preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing;
6. Regulate the course of the hearing in accordance with this chapter and other applicable law;
7. Issue a final order which includes findings of fact and conclusions of law;
8. Impose penalties and fines;
9. Issue orders to correct violations; and
10. Maintain continuing jurisdiction for purpose of granting continuances, ensuring compliance with an order, modifying an order or granting a new hearing.
C. The employment, performance evaluation, compensation and benefits of the administrative hearing officer, if any, shall not be directly or indirectly conditioned upon the amount of the administrative citation fines upheld by the administrative hearing officer. (Ord. 2792, 2013)