§ 10-68. Hearing procedure.

(a)

When a person whose substantial interests are affected has filed, within 45 days after actual notice of department action or publication, whichever occurs first, for a hearing to contest or appeal a decision of the department, the hearing officer shall conduct a public hearing to consider the matter.

(b)

The hearing officer shall give the applicant for the hearing and the department a minimum of ten days' prior written notice of the time, place and nature of the hearing. In conducting a public hearing, the hearing officer or the board of county commissioners shall have authority to:

(1)

Issue notice of hearings.

(2)

Administer oaths and affirmations.

(3)

Issue subpoenas authorized by law, including those requiring the attendance of witnesses and the production of documents and things which may be used as evidence.

(4)

Rule upon motions presented and offers of proof and receive relevant evidence.

(5)

Issue appropriate orders to effectuate discovery.

(6)

Regulate the course of the public hearing.

(7)

Dispose of procedural requests of similar matters.

(8)

Enter any order, consistent with the authority granted by this section, to carry out the purposes of this section.

(9)

Make proposed orders and issue findings of fact and conclusions of law.

(10)

Grant continuances upon stipulation of the parties or for other good cause shown.

(11)

Hold conferences for the settlement or simplification of the issues by consent of the parties.

(12)

Develop reasonable regulations for the conduct of such hearings.

(13)

Affirm, reverse or modify the decision or order of the department which is being appealed.

(c)

A party to a hearing shall be afforded the right to:

(1)

Appear with and be represented by an attorney at law.

(2)

Call and examine witnesses.

(3)

Introduce relevant evidence.

(4)

Cross examine adverse witnesses on any relevant matter.

(5)

Rebut evidence presented.

(d)

An official record of all public hearings shall be made.

(e)

Following the public hearing, the hearing officer shall, within a reasonable time thereafter, file a written report on the matter with the department and serve a copy of such report on all parties of record. The report shall include the following:

(1)

The style or title of the proceeding.

(2)

The time and place of the hearing.

(3)

Relevant issues presented.

(4)

Findings of fact, conclusions of law and recommended order.

(f)

Within 15 days after receiving the hearing official's findings and recommended order, the board shall consider such findings and order, and the board may adopt, reject or modify the order. The board shall notify the applicant in writing of the board's final decision in the matter.

(g)

Application for judicial review of any final order of the board shall be made to the circuit court in and for the county.

(Ord. No. 90-59, § XVIII, 11-19-90)