§ 7.16.129. Administrative hearing procedures.

A.

The hearing officer shall be appointed by the director.

B.

Hearings shall be conducted by the hearing officer on the date, time and place specified in the notice provided for in Section 7.16.128. The hearing officer may, in his or her discretion, grant a continuance of the hearing date upon written request and a showing of good cause. The request must be received by the hearing officer at least two (2) business days prior to the hearing. In no event shall the continuance be longer than forty-five (45) calendar days from the originally scheduled hearing date.

C.

At the hearing, the operator shall have the opportunity to present evidence relevant to the hearing officer's determination of the matter. The failure of the operator to appear at the administrative hearing shall constitute an abandonment of the hearing request and a failure to exhaust administrative remedies to judicially challenge the imposition of the administrative fine. If the administrative hearing is abandoned, the issuing department shall keep the funds deposited with the hearing request.

D.

The notice of violation, notice of administrative fine, and any other reports prepared by or for the enforcement officer concerning the code violation, shall be accepted by the hearing officer as prima facie evidence of the code violation and the facts stated in those documents.

E.

After considering all the evidence and testimony submitted at the hearing and within ten (10) calendar days after the close of the hearing, the hearing officer shall issue a written decision that confirms or cancels the administrative fine. The written decision shall include a statement of the reasons for the decision and shall be served personally or by first-class mail. The hearing officer's written decision shall constitute the final administrative decision of the county.

F.

If the hearing confirms the imposition of the full amount of the administrative fine, the local EMS agency shall keep the funds deposited with the hearing request.

G.

If the hearing officer cancels the administrative fine, the local EMS agency shall refund the entire amount of the funds deposited with the hearing request to the operator within twenty (20) calendar days from the date of the written decision.

(Ord. 2011-0031 § 15, 2011.)