During the Hearing
During the course of the hearing, the Hearing Officer may question any witness. Cross examination of a witness by each party shall be permitted. Visual materials and exhibits may be used if deemed relevant, and shall become part of the public record and property of the County, except upon stipulation of the parties that the originals may be returned. The Hearing officer may establish reasonable time limits for presentations. Testimony shall be given under oath or affirmation.
At any time before the matter is deemed submitted for decision by the Hearing Officer, any interested party may submit written evidence or argument by providing one copy to the Hearing Officer and opposing party, and making one copy available for public review. Ex-parte communication shall not be permitted.
Closing the Hearing
After all of the testimony is taken, the Hearing Officer shall close the public hearing unless he or she deems it necessary to continue the hearing for receipt of additional evidence. At the conclusion of the hearing, the Hearing Officer shall take the matter under submission, and within 10 days of taking the matter under submission shall render a written decision, including any findings or conclusions required for that decision, and submit the decision and the record to the clerk of the Community Development Agency.
Whenever the Hearing Officer finds that a view of the site where the alleged violation(s) occurred would be proper and would aid in the determination of the case, the Hearing Officer may proceed to the subject property. Following the view, the Hearing Officer shall state on the record the visual observations made and the conclusions drawn as a result of the visit.
All proceedings shall be recorded by mechanical means. If a transcript of the proceeding is requested, the requesting party shall be responsible for the scheduling and payment of a court reporter to transcribe the hearing.
Recusal of Hearing Officer
At the time the Administrative Citation Hearing is noticed, the name of the Hearing Officer shall be included in the notice. Within 5 days of the notice being mailed, posted, or published, any individual desiring to recuse the Hearing Officer shall notify the Community Development Agency of the specific factual basis for seeking recusal.
Failure to notify the Community Development Agency within the five day period shall be deemed a waiver of any right to recuse the assigned Hearing Officer at the Administrative Citation Hearing. In the event the Hearing Officer denies that a conflict of interest exists, the Planning Director or other designee shall hear evidence, consider the matter, and render a decision regarding whether a conflict of interest exists.