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• <br /> • <br /> • <br /> .- i • • <br /> 1 It shall be unlawful for any person to remove, attempt to remove, or to tamper <br /> 2 with an immobilization device without arranging with the City for said release. Any <br /> 3 tampering, removal or attempted removal of an immobilization device shall be a <br /> 4 misdemeanor. Any person convicted thereof shall be subject to a fine of up to Five <br /> 5 Hundred Dollars and/or 6 months in jail. <br /> 6 Section 39: Parking Administrative Hearing Examiner. <br /> 7 A. Office - Created. There is created the office of the Parking <br /> 8 Administrative Hearing Examiner (Hearing Examiner), of the City. <br /> 9 B. Office - Part-time - Remuneration. The office of the Hearing <br /> 10 Examiner shall be part-time and remunerated by personal service contract. <br /> 11 C. Appointment. The Hearing Examiner shall be appointed by the Mayor. <br /> 12 D. Law License Required. The Hearing Examiner shall be licensed to <br /> 13 practice law in the State. <br /> 14 E. Jurisdiction. The Hearing Examiner will be responsible for presiding <br /> 15 over all hearings required by this Ordinance as well as other additional administrative <br /> 16 matters over which he may be requested to preside. <br /> 17 F. Powers. The Hearing Examiner shall have the power to: <br /> 18 <br /> 1. Administer oaths and affirmations, examine witnesses and receive <br /> 19 evidence; <br /> 20 2. Issue subpoenas upon the request of any party. The City Treasurer, <br /> his designated agent, the City Attorney and the Attorney of <br /> 21 Record are also authorized to issue subpoenas. When so required, <br /> the applicant for the subpeona shall show to the satisfaction of said <br /> 22 individual the general relevance and reasonable scope of the <br /> evidence sought; <br /> 23 <br /> 3. Rule on offers of proof and receive relevant evidence; <br /> 24 <br /> 4. Regulate the course of the hearing, including imposition of penal- <br /> 25 ties for disruption of the orderly process or refusal to comply with <br /> lawful orders of the Hearing Examiner; <br /> 26 <br /> 5. Hold conferences for the settlement or simplification of the issues <br /> 27 by consent of the parties; <br /> 28 6. Make decisions which can be incorporated into findings of fact, <br /> conclusions of law and order of the Hearing Examiner and enter <br /> 29 orders of default and consent orders; <br /> 30 7. Appoint a pro-tem to act in the Hearing Examiner's absence; and <br /> 31 <br /> 32 -23- <br /> _ <br />