A. The Administrative Hearing Officer shall have all powers necessary to conduct fair and impartial hearings, including but not limited to the power to:
(1) Hold conferences for settlement or simplification of the 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 or other applicable law;
(7) Issue a final order which includes findings of fact and conclusions of law; and
(8) Impose Administrative Civil Penalties and assess Administrative Costs and issue orders that are consistent with the applicable violation.
B. At the hearing, the Administrative Hearing Officer must hear and consider the testimony of the appellant, respondent, and their witnesses, as well as any documentary evidence presented by these persons. The Administrative Hearing Officer must ensure that parties receive a fair hearing and are afforded due process in accordance witht he applicable State and federal law governing such hearings. The Administrative Hearing Officer shall only consider evidence that is relevant to the following issues:
(1) Whether a violation of the Municipal Code existed on the dates specified in the Administrative Civil Penalties Notice and Order and whether the Responsible Party caused, maintained, or permitted said violation; and
(2) Whether the amount of the Administrative Civil Penalties is appropriate for reduction pursuant to the criteria listed in Section 9.93.040 of this Chapter.
C. The Administrative Hearing Officer, before or during a hearing, may grant a request for a continuance, in his or her discretion, for good cause; however, in no event may the hearing be continued for more than 30 calendar days without stipulation by all parties.
D. The Administrative Hearing Officer has continuing jurisdiction over the subject matter of an Administrative Hearing for the purposes of granting a continuance, ensuring compliance with an Administrative Hearing Order, modifying an Administrative Hearing Order.
(Ord. MC-1553, 2-17-21)