Conduct of the Administrative Hearing

The Hearing Officer shall ordinarily proceed in the following order when conducting Administrative Citation Hearings:

  • County staff’s presentation shall proceed first, and may be presented orally, in writing, or a combination thereof.
  • The presentation shall include identification of the property, a summary of the history and matters at issue, a staff analysis of the legal and factual issues related to the Code violation(s), and a recommended decision.
  • A presentation by or on behalf of the property owner if he/she so chooses.
  • A presentation by tenants or other occupants of the subject property, if other than the owner.
  • Other persons whose interests may be affected by the proceeding.
  • The County shall be entitled to rebuttal.

 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.

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 ten (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.