Laserfiche WebLink
11 <br />E. Violations hearing examiner(s) shall be responsible for presiding over <br />all hearings on violation citations as well as other administrative <br />matters over which they may be requested to preside. <br />F. Violations hearing examiner(s) shall have the power to: <br />1. Administer oaths and affirmations and examine witnesses; <br />2. Issue subpoenas upon the request of any party. A violations <br />hearing examiner's designated agent, the city attorney and any <br />officer authorized to enforce this chapter are also authorized to <br />issue subpoenas. When so required, the applicant for the <br />subpoena shall show to the satisfaction of such individual the <br />general relevance and reasonable scope of the evidence sought; <br />3. Rule on offers of proof; admit and give probative effect to <br />evidence which possesses probative value commonly accepted <br />by reasonably prudent men in the conduct of their affairs. <br />Violations hearing examiner(s) shall give effect to the rules of <br />privilege recognized by law. Violations hearing examiner(s) <br />may exclude incompetent, irrelevant, immaterial, and/or <br />unduly repetitious evidence. Factual issues shall be resolved by <br />a preponderance of evidence standard. Documentary evidence <br />may be received in the form of copies or excerpts or by <br />incorporation by reference. Violations hearing examiner(s) <br />may also take notice of judicially cognizable facts; <br />4. Establish rules and procedures to conduct hearings consistent <br />with this chapter; <br />5. Regulate the course of the hearing, including granting of <br />continuances, imposition of penalties for disruption of the <br />orderly process or refusal to comply with lawful orders of the <br />violations hearing examiner; <br />6. Hold conferences for the settlement or simplification of the <br />issues by consent of the parties; <br />7. Make decisions which can be incorporated into findings of fact, <br />conclusions of law and order of the violations hearing <br />examiner and enter orders of default and consent orders. The <br />orders may include the following: <br />a. A requirement that ordinance violations be abated in <br />accordance with the manner prescribed by the <br />violations hearing examiner; <br />