Chapter 1.70A
HEARING EXAMINER
Sections:
1.70A.100 Hearing examiner authorized.
1.70A.200 Appointments – Qualifications.
1.70A.300 Powers and duties.
1.70A.400 Procedures.
1.70A.100 Hearing examiner authorized.
There is hereby created the office of hearing examiner as an independent office of the city for the conduct of hearings on such matters as are delegated to the hearing examiner by ordinance. [Ord. 4049 § 1, 1996.]
1.70A.200 Appointments – Qualifications.
A. Appointments to the office of hearing examiner shall be made by majority vote of the city council and be subject to annual renewal in October. The city council may also from time to time appoint hearing examiners pro tempore to serve during the absence, unavailability, incapacity or disqualification of the hearing examiner.
B. The hearing examiner shall be experienced in land use, planning, subdivision and related matters. [Ord. 4049 § 1, 1996.]
1.70A.300 Powers and duties.
In the performance of duties prescribed by this chapter, the hearing examiner is authorized to:
A. Administer oaths and affirmations, examine witnesses, rule upon offers of proof, receive evidence, and conduct discovery procedures which may include propounding interrogatories and taking oral depositions; provided, that no person shall be compelled to divulge information which he or she could not be compelled to divulge in a court of law;
B. Upon the request of a city officer or any party, or upon the hearing examiner's own volition, issue subpoenas; provided, that any such subpoena shall state the name and address of the witness sought, and if for the production of books, documents or things, shall specifically identify the same and the relevance thereof to the issues involved;
C. Regulate the course of the hearing in accordance with rules and this chapter and other applicable ordinances;
D. Hold conferences for the settlement or simplification of the issues by consent of the parties;
E. Dispose of procedural requests or similar matters;
F. Make such decisions or recommendations as are contemplated herein and by other ordinances conferring jurisdiction on the hearing examiner;
G. Take any other action authorized by ordinance;
H. Make rules for the conduct of hearings, notices and other proceedings and procedures not inconsistent with this chapter and other applicable ordinances. An audio or video record of the hearing proceedings shall be maintained and shall be made available for public review;
I. Make recommendations as directed for revision to relevant codes and ordinances which will clarify or otherwise improve the development review process. [Ord. 4049 § 1, 1996.]
1.70A.400 Procedures.
A. Each final decision of the hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision.
B. Each final decision of the hearing examiner shall be rendered within 10 working days following conclusion of all testimony and hearings, unless a longer period is mutually agreed to in writing by the applicant and the hearing examiner. [Ord. 4049 § 1, 1996.]