Sec. 29-22. - Hearing procedures.

(a)

The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be considered if it is the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objections in civil actions before a court of competent jurisdiction. Unduly repetitious or irrelevant evidence shall be excluded at the discretion of the hearing officer.

(b)

The county and its officials shall have the burden of producing evidence supporting the liability of the party seeking to be excused from hazardous materials clean up costs. Upon such a showing, the appellant will have the burden of producing evidence in support of his/her theory that he/she does not bear liability for hazardous materials cleanup costs.

(c)

Findings shall be made upon a preponderance of the evidence in the administrative record.

(d)

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 the receipt of additional evidence or an ordinance interpretation from the board of supervisors. During the course of the hearing, the hearing officer may question any witness and may, at the request of a party in interest, allow cross examination if he or she deems it in the interests of justice to do so.

(e)

Whenever the hearing officer deems it necessary to take a field trip to view the site in question, public notice of the time and location shall be given. Unless the site visit is tape recorded, the hearing officer shall not talk to any members of the public during the conduct of such site visit. In the event of a site visit, the hearing officer shall continue the hearing to a time certain on a date after that upon which the site visit will occur. At the time of the continued hearing, the hearing officer shall place into the record his or her visual observations made and the conclusions drawn as a result of such visit.

(f)

Hearing officers may, upon good cause shown, issue subpoenas. If a party in interest requests the issuance of a subpoena for the attendance of a witness or the production of documents, such party shall bear the responsibility and cost of serving such subpoenas together with the reasons for requesting same shall be sent to the CUPA which will, in turn, forward them to the hearing officer.

(g)

Hearings shall be conducted in a manner suitable to ensure fundamental fairness to all parties concerned, limited by the need to secure relevant information necessary to render a decision without unnecessary delay. Appeals from the hazardous materials hearing officer's decision shall be processed as provided in this chapter under Section 29-24.

(Ord. No. 6050, § I, 11-5-2013)