§ 4493-8.5. Hearing procedures.

(a)

Issues to be determined at the hearing are limited to whether the violation alleged in the administrative citation actually occurred; and whether the citee was legally responsible for the violation.

(b)

The burden of proof will be upon the Division by a preponderance of the evidence. The citation itself shall be considered as prima facie evidence of the facts contained therein. Both the citee and the enforcement officer shall have the opportunity to testify and present additional evidence concerning the alleged violation. Such evidence may include witness testimony, documents, and other evidence. Strict rules of evidence shall not apply, including hearsay. Evidence must be relevant and material to the issues of whether the violation actually occurred and/or whether the citee was responsible for the violation.

(c)

In lieu of personally appearing at the hearing, the citee may request that the Hearing Officer decide the matter upon the facts set forth in the citation, and relevant documents or written statements previously submitted.

(d)

If the citee fails to appear at the hearing, without having been granted a waiver of presence, this will be deemed to be a waiver of the right to be personally present. The hearing officer shall then determine the matter upon the facts set forth in the citation, and relevant documents or written statements previously submitted, and statements from the enforcement officer during the hearing.

(e)

The enforcement officer who issued the citation may, but is not required to, be present at the hearing. In lieu of such attendance the enforcement officer may submit, prior to the hearing, reports, photographs, or other documents to the Division which shall then be forwarded to the hearing officer for consideration.

(f)

The hearing officer shall have the authority to continue any hearing and request additional information from the enforcement officer or citee prior to rendering a written decision.

(Ord. No. 4457, § 1, 12-10-2013)