3.21.400 Hearing procedures.
A. Hearings to debar or suspend shall be conducted as follows:
1. The city clerk shall select a hearing officer for a hearing conducted under this section. The city clerk shall arrange for a prompt hearing and notify the parties in writing of the time and place of the hearing. The hearing shall be conducted in an informal manner. The hearing officer may:
a. Hold prehearing conferences to settle, simplify or identify the issues in a proceeding, or to consider other matters that may aid in the expeditious disposition of the proceeding;
b. Require parties to state their positions concerning the various issues in the proceeding;
c. Require parties to produce for examination those relevant witnesses and documents under their control;
d. Rule on motions and other procedural matters;
e. Regulate the course of the hearing and conduct of the participants;
f. Establish time limits for submission of motions or memoranda;
g. Impose appropriate sanctions against a person who fails to obey an order of the hearing officer, including:
i. Prohibit the person from asserting or opposing designated claims or defenses or introducing designated matters into evidence;
ii. Exclude all testimony of an unresponsive or evasive witness; or
iii. Exclude a person from further participation in the hearing;
h. Take official notice of a material fact not appearing in evidence if the fact is among the traditional matters subject to judicial notice; and
i. Request the city clerk to administer oaths or affirmations.
B. A transcribed record of the hearing shall be made available at cost to a party that requests it in advance.
C. The hearing officer shall render a decision based on the evidence presented. The recommendation shall include findings of fact and conclusions of law. (Ord. 20-012 § 3, 2020)