Sec. 28-113(1). If a hearing is required or permitted under this article, the director shall appoint a hearing officer.
Sec. 28-113(2). If a hearing is required or permitted under this article, the hearing officer shall arrange for a prompt hearing and notify the parties of the time and place of the hearing.
Sec. 28-113(3). The hearing shall be conducted in an informal manner without formal rules of evidence or procedure.
Sec. 28-113(4). The hearing officer may:
(a) Hold pre-hearing conferences to settle, simplify, or identify the issues in a proceeding, or to consider other matters that may aid in the expeditious disposition of the proceeding;
(b) Require parties to state their positions concerning the various issues in the proceeding;
(c) Require parties to produce for examination those relevant witnesses and documents under their control;
(d) Rule on motions and other procedural items on matters pending before such officer;
(e) Regulate the course of the hearing and conduct of participants;
(f) Establish time limits for submission of motions or memoranda;
(g) Impose appropriate sanctions against any person failing to obey an order under these procedures, which may include:
(i) Refusing to allow the person to assert or oppose designated claims or defenses, or prohibiting that person from introducing designated matters in evidence;
(ii) Excluding all testimony of an unresponsive or evasive witness; and
(iii) Expelling the person from further participation in the hearing;
(h) Take official notice of any material fact not appearing in evidence in the record, if the fact is among the traditional matters of judicial notice;
(i) Administer oaths or affirmations; and
(j) Assess or apportion damages or costs associated with the hearing matter or the proceedings to the parties involved.
Sec. 28-113(5). A transcribed record of the hearing shall be made available at cost to the requesting party.
(Ord. No. 10404, § 1, 5-15-07)