(a) A hearing request shall be deemed filed upon receipt of a hearing request form by the city clerk’s office and the payment of any hearing fee which may be established by city council resolution. Any hearing fee shall not exceed the reasonable cost to the city of a hearing.
(b) The hearing before the hearing officer shall be set for a date that is not less than fifteen and not more than sixty calendar days from the date of the hearing request. The person requesting the hearing shall be notified of the time and place set for the hearing at least fifteen calendar days prior to the date of the hearing.
(c) The hearing officer shall only consider evidence that is relevant to the hearing matter.
(d) The person requesting the hearing shall be given the opportunity to testify and present witnesses and evidence concerning the hearing matter.
(e) The failure to appear at the hearing shall constitute a forfeiture of any fine and a failure to exhaust administrative remedies.
(f) Any documents submitted by the city shall constitute prima facie evidence of the respective facts contained in those documents.
(g) If the city submits an additional written report concerning the hearing matter to the hearing officer for consideration at the hearing, then a copy of the report shall also be served on the person requesting the hearing in accordance with Section 14A-7-4 of this article at least five days prior to the date of the hearing.
(h) At least ten days prior to the date of the hearing, the person requesting the hearing shall be provided with copies of the citations, reports and other documents submitted or relied upon by the city. No other discovery is permitted. Formal rules of evidence shall not apply.
(i) The hearing officer may continue the hearing and request additional information from the city or the person requesting the hearing prior to issuing a written decision.
(j) After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision within ten days of the date of the hearing and shall list in the decision the reasons for that decision. The decision of the hearing officer shall be final.
(k) The person requesting the hearing shall be served with a copy of the hearing officer’s written decision in the manner prescribed by Section 14A-7-4 of this article.
The hearing officer is not required to provide transcriptions of hearings, but is required to make available tapes of hearings for a fee. (Ord. No. 1443, § 3 (part).)