(A) Prior to a hearing on the matter on appeal, the Administrative Law Judge may host pre-hearing conferences for purposes including: addressing standing or other jurisdictional matter; ensuring that the county action was administrative and not legislative; ensuring that the action appealed is final; gathering and reviewing the administrative record upon which the county action was based; requesting additional records or affidavits from the parties relevant to matters raised on appeal or by the Administrative Law Judge’s review of the administrative record; addressing procedural motions of the parties; developing the legal framework/standards relevant to the matter on appeal; preparing and publishing a hearing management order; or other appropriate pre-hearing requirements.
(B) For any pre-hearing conference, except for a settlement conference, the Administrative Law Judge shall publish a memorandum which summarizes the issues discussed during the pre-hearing conference, and, if appropriate, publish orders for the parties relating to the matter on appeal. At any time after an appeal is filed, the Administrative Law Judge may order a party to produce documents or other evidence under the party’s control if necessary to decide the matter pending before the Administrative Law Judge. At any time, the Administrative Law Judge may take judicial notice of public or generally available facts or information, provided that all parties are informed of the facts or information which the Administrative Law Judge intends to judicially notice and each party shall be given a reasonable opportunity to refute the facts or information which the Administrative Law Judge intends to judicially notice.
(C) Prior to a hearing, the Administrative Law Judge shall include the parties in the preparation and publication of a hearing management order. That order may include, as appropriate: submission of documents and production of witness lists prior to the hearing; the types of evidence to be considered; swearing of witnesses; under which circumstances, if any, the hearing will be closed to the public; recording of the hearing; representation of the parties; sequencing of the presentation of evidence and making arguments; consequences of a person or party failing to appear at the hearing; issuance of subpoenas, as appropriate; parties’ opportunity to confront and cross examine witnesses; the parties’ burdens of proof (including affirmative defenses); exclusion of privileged, irrelevant, immaterial, or unduly repetitious evidence; the role of the Administrative Law Judge in questioning witnesses; submission of rebuttal evidence; requests for continuance and how such requests will be handled; and motions and how motions will be handled.
(D) Administrative hearings are intended to be informal in nature. The state rules of civil procedure and evidence shall be guidelines for the conduct of the hearing but shall not be binding. Formal rules of evidence and civil procedure, including discovery shall not apply; however, upon request made in writing reasonably in advance of a hearing, the county shall provide to a person requesting a hearing the opportunity to review documents, photographs or other tangible evidence it intends to present at the hearing and shall provide a list of the witnesses it intends to call at the hearing. Failure to request discovery shall not be a basis for a continuance. Complainant information shall not be disclosed or released unless the complainant is a witness at the hearing. The procedure and format of the administrative hearing shall follow duly adopted policies and procedures.
(E) The county shall bear the initial burden of proof to establish the existence of a violation of published county ordinances or policies other than those in a land use appeal.
(F) In a land use appeal, the initial burden of proof shall be borne by the appellant.
(G) After a party’s initial burden of proof has been met, the Administrative Law Judge shall inform the parties of each party’s burdens of proof; based on the matter on appeal, relevant state statutes, and relevant state case law.
(H) Unless required otherwise by state statute or state case law, such burden of proof shall be established by a preponderance of the evidence.
(I) Each party shall have the opportunity to cross-examine witnesses and present evidence in support of the case. A written declaration signed under penalty of perjury may be accepted in lieu of a personal appearance. Testimony may be given by telephone or other electronic means.
(J) Administrative hearings shall be held at the county administrative officesand shall be recorded; however, at the discretion of the Administrative Law Judge, administrative hearings may be held at the location of a violation as long as adequate provision is made to preserve a verbatim record of the hearing.
(K) The person shall have the right to be represented by an attorney or other advocate. If an attorney will be representing a responsible person at a hearing, notice of the attorney’s name, address and telephone number shall be given to the County Attorney at least one day prior to the hearing. If such notice is not given, the hearing may be continued at the county’s request.
(L) Administrative hearings may be held on Mondays through Fridays, excluding county holidays, between the hours of 8:00 a.m. and 9:00 p.m.
(Ord. 2020-11, passed 9-2-2020; Ord. 2023-03, passed 5-16-2023)