Fremont Municipal Code Art. XI Hearing Procedure

(a) The city manager, or his/her designee, shall have the sole discretion to select a city hearing officer for all hearings under this chapter. The city manager or his/her designee shall schedule all hearings in accordance with this chapter and the convenience of parties, witnesses and counsel; shall provide written notice of the date, time and location of hearings; and shall arrange for the issuance of subpoenas by the city clerk’s office.

(b) Subpoenas and subpoenas duces tecum shall be issued at the request of the city hearing officer or any party to a hearing under this chapter. Subpoenas shall be issued and attested by the city clerk in the name of the city. A subpoena duces tecum shall issue only upon the filing with the city clerk of an affidavit showing good cause for the production of the matters and things described in the subpoena, specifying the exact matters and things desired to be produced, setting forth in full detail the materiality thereof to the issues involved in the proceeding, and stating that the witness has the desired matters or things in the witness’ possession or under the witness’ control. A copy of such affidavit shall be served with the subpoena.

(c) Any subpoena requiring that a witness personally appear to give testimony, issued pursuant to the provisions of this chapter, must be served in person at least five days before the hearing for which the attendance is sought. Any subpoena duces tecum issued pursuant to the provisions of this chapter requiring the production of documents only may be served by first-class mail, and must be served at least 20 days before the date set forth on the face of the subpoena. Time limits set forth herein may be extended by the city hearing officer for good cause.

(d) In any hearing under this chapter, all parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues, to be represented by counsel, and to confront and cross-examine any witnesses against them. Any hearing under this chapter may be continued by the person conducting the hearing for a reasonable time for the convenience of a party or a witness. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-121100.)

All notices required by this article shall be sent by certified mail, postage prepaid, to the applicant or permittee at the address given for purposes of notice on the application or permit or delivered to the permittee personally. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-121101.)