(A) Prior to disqualifying any person under this chapter, the Hearing Officer shall mail or deliver by personal service a written notice of the proposed disqualification to the person proposed to be disqualified, hereinafter referred to as "respondent." Such notice shall contain the following:
(1) Notice that a disqualification is being considered;
(2) The grounds for the proposed disqualification, in terms sufficient to put the respondent on notice of the conduct or action(s) upon which it is based;
(3) The intended period of the disqualification;
(4) A summary of the disqualification procedures set forth is this chapter; and
(5) The name and address of the Hearing Officer to which the respondent may submit a written request for a hearing on the proposed disqualification.
(B) Within 15 days after personal service or mailing of the notice of the proposed disqualification, the respondent or the respondent's representative may submit a written request for a hearing on the proposed disqualification. Such written request shall specify the name and address of the person to which all subsequent notices and communications should be mailed. Failure of the respondent or respondent's representative to submit a written request for a hearing within the time provided by this division, or failure of respondent or respondent's representative to appear at the requested hearing, shall be deemed to be a waiver by respondent of respondent's right to request a hearing on the proposed disqualification and the Hearing Officer's decision shall be final.
(C) If the respondent requests a hearing in accordance with division (B) of this section, the Hearing Officer shall schedule a hearing at which the respondent or the respondent's representative shall have an opportunity to provide relevant information and argument, including the presentation and questioning of witnesses, to the Hearing Officer. The Hearing Officer shall provide the respondent with written notice of the time, date, and location of such hearing, which shall be held no sooner than five days from the date of such notice.
(D) The formal rules of evidence shall not apply during the hearing. The Hearing Officer may admit into evidence all relevant evidence, including the affidavits or declarations of witnesses; limit the scope of discovery; shorten the time to produce records or witnesses; exclude witnesses from the hearing when not testifying; exclude disorderly or disruptive persons from the hearing; and make other orders necessary to ensure the fair and orderly conduct of the hearing. The hearing shall be open to the public.
(E) The proceedings at the hearing may be tape-recorded if ordered by the Hearing Officer or requested by the respondent. A stenographer shall also transcribe the proceedings if ordered by the Hearing Officer or requested by the respondent, with the costs thereof to be borne by the person making the order or request. A copy of the tape recording or transcript of the proceedings shall be made available to the respondent upon request and upon payment of the cost of preparation thereof.
(F) Following the hearing, the Hearing Officer shall render a decision on the proposed disqualification. The decision shall be in writing and shall specify the reasons therefor. If the Hearing Officer upholds the disqualification, the notice of decision shall specify the length of the disqualification period and notify the respondent of his or her right to appeal the decision pursuant to division (G), below.
(G) The respondent shall have ten days from the date of the Hearing Officer's decision to appeal the decision to the City Manager. The appeal shall be in writing and shall be received by the City Manager by the close of business not later than the tenth day following the date of the Hearing Officer's decision except that, if such date falls on a Saturday, Sunday or city holiday, the appeal period shall be extended to the close of business on the next regular business day.
(Ord. 2023-08, passed 9-19-2023)