Sec. 26-272. - Conduct of the hearing.

(a)

Revocation hearings shall be noticed public hearings open to public participation.

(b)

The hearing body shall act as an independent arbiter in the conduct of the hearing, procedures, presentation of evidence, review of evidence and issuing a decision. The chairperson/mayor shall make determinations on procedure, witnesses, and evidence. The chairperson/mayor may be assisted by a member of the City Attorney's office or other counsel who has not participated in the preparation or presentation of the cause for revocation of the permit.

(c)

The City staff, City Attorney or other City representative shall first present the evidence for the cause for revocation. After the City presentation is complete, the permittee may present evidence in opposition to revocation. After the City representative and the permittee have completed their presentations, members of the public may speak for or against the revocation. The order and timing of presentations may be altered by the hearing body in the interests of an orderly, timely and fair hearing or for the reasonable convenience of the witnesses or parties. The hearing board may continue the hearing from time-to-time without further public notice.

(d)

Formal rules of evidence need not be followed. All witnesses shall be sworn or unsworn at the discretion of the hearing body.

(e)

Cross-examination of witnesses is not required unless, in the discretion of the hearing body, cross-

examination is necessary to provide a fair hearing and due process of law. Cross-examination of members of the public who speak shall not be allowed unless the hearing body determines that cross-examination is necessary to avoid a prejudicial denial of due process.

(f)

Documents should be identified and labeled in an orderly fashion when submitted to the hearing board.

(g)

The hearing board shall tape record the oral proceedings before the hearing board. The tape recordings shall be maintained for thirty (30) days after the time for any appeal has expired. If a timely appeal is not filed, the tape recordings may be destroyed.

(h)

All documents, testimony, and other evidence presented to and accepted by the hearing board shall constitute the administrative record upon which the hearing board shall make its decision. The administrative record shall include evidence submitted to the hearing board but not accepted by the hearing board.

(i)

The representatives of the cause for revocation shall be allowed to present final argument to the hearing board followed by final argument by the representative for the permittee. Rebuttal argument or re-rebuttal argument shall only be allowed at the discretion of the hearing board.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)