2006/05/31 Council Agenda Packet

a 11 Be and the same is hereby amended to read as follows: Violations hearing examiner—Powers and duties. • A. There is created the office of violations hearing examiner. B. Violations hearing examiner(s)shall be part-time and remunerated by personal service contract. C. Violations hearing examiner(s)shall be appointed by the mayor. D. Violations hearing examiner(s)shall be licensed to practice law in the state. E. Violations hearing examiner(s)shall be responsible for presiding over all hearings on violation citations as well as other administrative matters over which they may be requeted to preside. F. Violations hearing examiner(s)shall have the power to: 1. Administer oaths and affirmations and examine witnesses; 2. Issue subpoenas upon the request of any party. " violations hearing . ••- ' o• b•. •• -• , •- The city attorney and his or her designee are also authorized to issue subpoenas.When so required by the violations hearing examiner,the applicant for the subpoena shall show to the his or her satisfaction efeh individual the general relevance and reasonable scope of the evidence sought; 3. Make rulings in accordance with law,including,but not limited to rulings on: a. Rule on offers Offers of proof; b. Admissibility of evidence,including authenticity,relevance,and statutory or other grounds for exclusion; .. . •- • . ... - • - • - . - - - c. Factual issues,which shall be resolved by a clear and convincing prepondefanee-ef evidence standard `o -• • - . • - . • 4. Establish other rules and procedures to conduct hearings consistent with this chapter and state law; 5. Regulate the course of the hearing,including granting of continuances, imposition of penalties for disruption of the orderly process or refusal to comply with lawful orders of the violations hearing examiner; 6. Hold conferences for the settlement or simplification of the issues by consent of the parties; 9 110