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Title: 1 - General Procedure

Chapter: 60 - Administrative Citations

Section: 120 - Hearing Procedure

A. When the Notice of Appeal form has been completed and submitted and the fine has been deposited or a waiver of the deposit is granted, the Enforcement Official shall set the matter for hearing with the Hearing Officer.
B. A hearing before the Hearing Officer shall be set for a date that is not less than 15 and not more than 60 days from the date that the Notice of Appeal is filed in accordance with the provisions of this chapter. The person requesting the hearing (appellant) shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing.
C. The Hearing Officer shall only consider evidence that is relevant to whether the violation occurred and whether the appellant has caused or maintained the violation of the Code occurred on the date specified in the administrative citation, whether the violation continues to exist, and/or whether the amount of the fine is correctly applied under this Chapter. Formal rules of evidence shall not apply. The Hearing Officer may exclude evidence the probative value of which is outweighed the probability that its admission will necessitate undue time. Both the Enforcement Official and the appellant may be represented by counsel at the hearing.
D. Both parties shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation, and to cross-examine witnesses and dispute evidence. Oral evidence shall be taken under oath or affirmation.
E. The Notice of Violation, the administrative citation and any additional documents submitted by the Enforcement Officer shall constitute prima facie evidence of the respective facts contained in those documents.
F. At least ten days prior to the hearing, the appellant shall be provided with copies of the citations, reports and other documents submitted or relied upon by the Enforcement Official. If the Enforcement Official submits any additional written report or other documentary evidence concerning the administrative citation to the Hearing Officer for consideration at the hearing, other than for the purposes of rebuttal or impeachment, then a copy of each such report or document shall also be served by mail on the person requesting the hearing at least five days prior to the date of the hearing. The appellant shall not be entitled to discovery other than as stated in this section.
G. The Hearing Officer may continue the hearing and may request additional information from the Enforcement Official or the appellant prior to issuing a written decision.
H. The failure of any appellant of an administrative citation to appear at the scheduled hearing shall constitute a forfeiture of the fine and the amount deposited for the Hearing Officer’s time. Failure to appear shall also constitute a failure to exhaust administrative remedies.