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• <br /> 3 . The filing of the petition shall not stay enforcement of a <br /> cease and desist order and any required abatement except by order <br /> of the superior court and on posting of a bond to be determined <br /> by the court naming the city as beneficiary. <br /> 4 . The review shall be conducted by the court without a jury. <br /> The record shall be satisfied by a narrative report certified by <br /> the violations hearing examiner and no verbatim record of <br /> proceedings before the violations hearing examiner shall be <br /> required to be presented to the superior court. <br /> 5. The court may affirm the cease and desist order or remand <br /> the case for further proceedings; or it may reverse the order if <br /> the substantial rights of the petitioners may have been <br /> prejudiced because the findings, conclusions and decision are: <br /> a. In violation of constitutional provisions; or <br /> b. In excess of the authority or jurisdiction of the violations <br /> hearing examiner. <br /> be and the same is hereby amended to read as follows: <br /> Violations hearing examiner-Powers and duties-Judicial review. <br /> A. There is created the office of violations hearing examiner. <br /> B. The violations hearing examiner (s) shall be part-time and <br /> remunerated by personal service contract. <br /> C. The violations hearing examiner (s) shall be appointed by the <br /> mayor. <br /> D. The violations hearing examiner (s) shall be licensed to <br /> practice law in the State. <br /> E. The violations hearing examiner will be responsible for <br /> presiding over all hearings on notices of violations as well as <br /> other additional administrative matters over which he/she may be <br /> requested to preside. <br /> F. The violations hearing examiner shall have the power to: <br /> 1 . Administer oaths and affirmations, examine witnesses <br /> and receive evidence; <br /> 2 . Issue subpoenas upon the request of any party. The city <br /> treasurer, his designated agent, the city attorney and <br /> any officer authorized to enforce this chapter are also <br /> authorized to issue subpoenas . When so required, the <br /> applicant for the subpoena shall show to the <br /> satisfaction of such individual the general relevance <br /> and reasonable scope of the evidence sought; <br /> 3 . Rule on offers of proof and receive relevant evidence; <br /> 4 . Regulate the course of the hearing, including <br /> imposition of penalties for disruption of the orderly <br /> process or refusal to comply with lawful orders of the <br /> violations hearing examiner; <br /> 5. Hold conferences for the settlement or simplification <br /> of the issues by consent of the parties; <br /> 9 <br />