§ 1145.94. Appeals to the director.

Any person adversely affected by an action of the director pursuant to this chapter, where this chapter has specifically provided for appeal by way of a hearing, shall file a notice of appeal with the director within ten (10) days of said action. A notice of appeal shall include at a minimum: the name, address and telephone number of appellant; the date; a statement of intent to appeal; a description of the nature of the appeal, and any pertinent documentation. All filings required herein shall be made at the office of the director. The director shall convene a hearing on the matter within thirty (30) days of receipt of the notice of appeal, except as otherwise provided by this chapter. The director may grant continuances as deemed necessary.

The director shall issue a written decision of the appeal within ten (10) days of the hearing. The director may affirm, modify, or rescind any action or proposed action of the director which was the subject matter of the hearing. Any person who fails to timely file a notice of appeal or to otherwise prosecute an appeal of an action of the director pursuant to this section shall be deemed to have agreed to the action taken by the director.

(A)

The director or appointed designee shall serve as the hearing officer. Where the hearing officer is not the director, the hearing officer shall not be an employee of the industrial pretreatment section of the division of sewerage and drainage or a city employee with previous direct involvement with the matter being heard.

(B)

The director shall maintain a record of the hearing for not less than sixty (60) calendar days from the date of any final decision. The record may be made by stenographic means or by the use of audio electronic recording devices.

(C)

Rules regarding the admissibility of evidence shall not be strictly applied in the hearing but all testimony shall be under oath. The hearing officer shall administer oaths. The hearing officer shall pass upon the admissibility of evidence, but a party may at the time make objections to the ruling of the hearing officer and if the hearing officer refuses to admit evidence, the party offering the same shall make a proffer thereof, and such proffer shall be made a part of the record of such hearing.

(D)

All parties shall have the right to:

(1)

Offer and examine witnesses and present evidence in support of their case;

(2)

Cross-examine adverse witnesses;

(3)

Proffer evidence into the record if its admission has been denied.

(E)

All hearings shall proceed as in a trial of a civil action with the division of sewerage and drainage having the burden of going forward. Upon agreement of the parties, and approval by the director, hearings may be conducted based on stipulated facts and briefs of the parties. Each party shall provide the hearing officer and any other parties a proposed list of witnesses and exhibits to be used by that party at the hearing at least five (5) days prior to the scheduled hearing, if required by the hearing officer.

(F)

All parties shall have the right to appear and be heard in person, or have legal counsel, to present their case.

(Ord. No. 1327-2012, § 1, 7-23-2012, eff. 10-1-2012)