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Ordinance 1648-89
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Ordinance 1648-89
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10/26/2017 10:50:39 AM
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Ordinances
Ordinance Number
1648-89
Date
11/8/1989
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• <br /> 1 Section 3: That Section 2 of Ordinance No. 1526-88 is hereby repealed. <br /> 2 Section 4: That Section 39 of Ordinance No. 994-83 as amended by <br /> 3 Section 3 of Ordinance No. 1346-87 (EMC 43.28.390) which reads as follows: <br /> 4 <br /> Parking Administrative Hearing Examiner. <br /> 5 <br /> A. Office - Created. There is created the office of the <br /> 6 Parking Administrative Hearing Examiner (Hearing Examiner) , of <br /> the City. <br /> 7 <br /> B. Office - Part-time - Remuneration. The office of the <br /> 8 Hearing Examiner shall be part-time and remunerated by personal <br /> service contract. Notwithstanding this, the City's municipal <br /> 9 judge(s) may also serve in the capacity of Hearing Examiner. <br /> 10 C. Appointment. The Hearing Examiner shall be appointed <br /> by the Mayor. <br /> 11 <br /> D. Law License Required. The Hearing Examiner shall be <br /> 12 licensed to practice law in the State. <br /> 13 E. Jurisdiction. The Hearing Examiner will be <br /> responsible for presiding over all hearings required by this <br /> 14 Ordinance as well as other additional administrative matters over <br /> which he may be requested to preside. <br /> 15 <br /> F. Powers. The Hearing Examiner shall have the power to: <br /> 16 <br /> 1 . Administer oaths and affirmations, examine witnesses <br /> 17 and receive evidence; <br /> 18 2. Issue subpoenas upon the request of any party. The <br /> City Treasurer, his designated agent, the City <br /> 19 Attorney and the Attorney of Record are also <br /> authorized to issue subpoenas. When so required, the <br /> 20 applicant for the subpoena shall show to the <br /> satisfaction of said individual the general relevance <br /> 21 and reasonable scope of the evidence sought; <br /> 22 3. Rules on offers of proof and receive relevant <br /> evidence; <br /> 23 <br /> 4. Regulate the course of the hearing, including <br /> 24 imposition of penalties for disruption of the orderly <br /> process or refusal to comply with lawful orders of <br /> 25 the Hearing Examiner; <br /> 26 5. Hold conferences for the settlement or simplification <br /> of the issues by consent of the parties; <br /> 27 <br /> 6. Make decisions which can be incorporated into <br /> 28 findings of fact, conclusions of law and order of the <br /> Hearing Examiner and enter orders of default and <br /> 29 consent orders; <br /> 30 7 . Appoint a pro-tem to act in the Hearing Examiner's <br /> absence; and <br /> 31 <br /> 32 <br /> 11 <br />
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