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22.03.040 Notice; Rights; Procedure.

City Code Section

(Amended by Ordinance No. 190387, effective May 5, 2021.)

A.  Prior to the commencement of a contested hearing, the Code Hearings Officer shall inform each party to the hearing of the following matters:

1.  A general description of the hearing procedure including the order of presentation of evidence, what kinds of evidence are admissible, whether objections any be made to the introduction of evidence and what kind of objections may be made, and an explanation of the burdens of proof or burdens going forward with the evidence.

2.  That a record will be made of the proceedings and the manner of making the record and its availability to the parties.

3.  The function of the record‑making with respect to the perpetuation of the testimony and evidence and with respect to any appeal from the determination or order of the Code Hearings Officer.

4.  Whether an attorney will represent the City in the matters to be heard and whether the parties ordinarily and customarily are represented by an attorney.

5.  The title and function of the Code Hearings Officer, including the effect of and authority for the Code Hearings Officer’s determination.

6.  In the event a party is not represented by an attorney, whether the party may, during the course of proceedings, request a recess if at that point the party determines that representation by an attorney is necessary to the protection of the party’s rights.

7.  Whether there exists an opportunity for an adjournment at the end of the party then determines that additional evidence should be brought to the attention of the Code Hearings Officer and the hearing is reopened.

8.  If the Code Hearings Officer determines, upon a party’s motion or sua sponte, that a party should bring additional evidence to the Code Hearings Officer’s attention, the Code Hearings Officer will also announce the method for submission (a continued hearing or post-hearing submission), and whether there will be an opportunity for the other party to respond. The Hearings Office may provide represented parties with less latitude or leniency than pro se litigants.

9.  A description of the appeal or judicial review process from the determination or order of the Code Hearings Officer.

B.  The information required to be given to a party to a hearing under Subsection A. of this Section may be given in writing or orally before commencement of the hearing.

C.  The failure to give notice of any item specified in Subsection A. of this Section shall not invalidate any determination or order of the Code Hearings Officer unless on appeal from or review of the determination or order a court finds that the failure affects the substantive rights of the complaining party.  In the event of such a finding, the court shall remand the matter to the Code Hearings Officer for a reopening of the hearing and shall direct the Code Hearings Officer as to what steps shall be taken to remedy the prejudice to the rights of the complaining party.

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