A. A person whose application for a permit or permit renewal has been approved on condition or denied or a permit holder whose permit has been suspended or revoked may submit a written request for a hearing, provided that the written request is received at the animal control center within five days of the applicant’s receipt of the written notice from the center. The hearing shall be conducted within a reasonable time after the center receives the request for a hearing.

B. Hearings shall be conducted by the city manager or his designee at a time and place designated by the city and shall be recorded. All witness testimony shall be sworn or affirmed. Written notice of the time, and place of the hearing shall be mailed to the applicant.

C. The applicant shall be afforded a hearing which provides the basic safeguards of due process which shall include:

1. The opportunity to examine before the hearing and at the expense of the applicant, to copy all documents, records and regulations of the city that are relevant to the hearing.

2. The right to be represented by counsel or other person chosen as his/her representative;

3. The right to present evidence and arguments in support of the appeal, to controvert evidence relied on by the city, and to confront and examine and cross-examine all witnesses on whose testimony or information the city relies;

4. A decision based solely and exclusively upon the facts presented at the hearing.

D. The hearing officer may render a decision without proceeding with the hearing if the hearing officer determines that the issue has been previously decided in another proceeding which provided due process. If the applicant fails to appear at a scheduled hearing, the hearing officer may postpone the hearing for a period of no more than five business days or may determine that the applicant has waived his right to a hearing.

E. At the hearing, the applicant shall first show an entitlement to the relief sought, and the animal control center manager or representative shall then justify his/her act or failure to act. The hearing shall be conducted informally, but all persons present shall be orderly. Failure to comply with the directions of the hearing officer to obtain order may result in exclusion from the proceedings, or other appropriate action. Oral or documentary evidence pertinent to the facts and issues raised by the appeal may be received without regard to admissibility under the rules of evidence applicable to judicial proceedings.

F. The hearing shall be recorded by audio method, but need not be transcribed unless a written transcript is requested, in which case the cost of transcription shall be borne by the party requesting transcription. If one party prefers to have the hearing transcribed by a court reporter, that party shall pay all directly related costs, and the party requesting transcription shall pay the costs of transcription.

G. The hearing officer shall prepare a written report of his findings and decision within ten days after the hearing and shall provide copies to the parties. The decision of the hearing officer is final and binding on all parties. (Ord. 1648-2000 § 3(part), 2000)