§ 162-29. Hearing officers.  


Latest version.
  • (a)

    The mayor shall have the authority to appoint 16 hearing officers for the purpose of acting as fact finders regarding charges brought by the department against individuals and entities for violation of this article. Each hearing officer shall be appointed for a two-year term and shall receive $75.00 for each day or part thereof the hearing officer appears for hearing. Six of the hearing officers shall be attorneys at law with at least three years in the practice of law. A panel of three hearing officers shall be designated by the department for each case heard. Each panel shall have at least one attorney at law but shall not have more than two attorneys. No person shall be appointed as a hearing officer who holds any interest in any licenses issued under the police powers of the city or who represents any interest which may be adverse to that of the city.

    (b)

    Hearing officers shall have the following functions:

    (1)

    Hold hearings regarding the imposition of any fine by the department for violation of any section in this article.

    (2)

    Hold hearings regarding any proposed denial, suspension or revocation of any CPNC, or ground transportation vehicle for hire company permit issued in accordance with chapter 22 of the city Code of Ordinances.

    (3)

    Hear any other matter which requires approval under this article.

    (4)

    Hear any appeal of administrative penalties assessed against ground transportation vehicle for hire company permit holders in accordance with chapter 22 of the city Code of Ordinances.

    (c)

    (1)

    After hearing evidence on the charges presented by the department for violations of this article and the individual or entity charged, the panel of hearing officers shall issue findings of fact and shall render a recommendation as to any penalties or fines in writing with reasons for the recommendation. Such findings and recommendations shall be submitted to the police chief, whose decision shall be final, subject to the writ of certiorari as provided by law.

    (2)

    No action shall be taken pursuant to this subsection unless the individual or entity charged has been given five days' notice prior to the hearing. Hearings shall be scheduled by the department as often as necessary to promote expeditious handling of the charges.

    (d)

    After hearing an appeal of an administrative penalty accessed in accordance with chapter 22 of the city Code of Ordinances, the panel of hearing officers shall render an recommendation as to whether a preponderance of the evidence supports the assessment of administrative penalties or other enforcement decision, and the panel of hearing officers shall have the discretion to dismiss or reduce administrative penalties or reverse any other enforcement decision where warranted.

    (e)

    All hearings are administrative in nature, and the strict rules of evidence as applied in court trials shall not apply.

    (f)

    Department officials and employees shall not communicate with hearing panel members about cases the hearing officers will be deciding except as part of their duties within the context of an administrative hearing.

    (g)

    All testimony at the hearings shall be under oath and shall be subject to cross-examination.

    (h)

    The department shall record each hearing, and such recording with any documentation presented to the hearing panel shall constitute the official record of the hearing. Such recordings shall be maintained until 30 days after final action is taken by the chief.

    (i)

    The police chief shall deny, grant, or remand to the panel of hearing officers, any final decision on their recommendation within 30 calendar days of receipt of the findings and recommendation from the panel of hearing officers. Upon review of the panel of hearing officers' findings and recommendation and/or the record created during the panel hearing, if the police chief determines there exists the need to correct a clear error or prevent a manifest injustice, the police chief may remand the matter back to the panel of hearing officers for further hearing. In remanding the matter back to the panel of hearing officers, the police chief shall provide written instructions to the panel of hearing officers and the department identifying specific issues and/or matters the police chief requires the panel of hearing officers to conduct further hearing upon. All matters remanded to the hearing panel of officers shall be scheduled for further hearing before the hearing panel of officers no later than 30 days after the date of remand. A CPNC or permit holder shall be entitled to a five-day written notice from the department stating the specific issues and/or matters to be addressed on remand, along with the place, date and time of the remand hearing. If the police chief does not make a decision on the recommendation of the hearing panel within the 30 calendar days provided, and does not choose to remand the decision to the hearing panel of officers, the recommendation of the hearing panel of officers shall become the final decision of the police chief. The decision of the chief is subject to review via certiorari to superior court.

(Code 1977, § 14-8022; Ord. No. 1995-37, § 20, 7-11-95; Ord. No. 1996-10, 3-11-96; Ord. No. 2005-68, § 2, 10-25-05; Ord. No. 2015-35(15-O-1250), § 1, 6-24-15 ; Ord. No. 2015-45(15-O-1361), § 1, 9-17-15 ; Ord. No. 2016-33(16-O-1477) , § 2, 9-28-16)