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<br />1.40.2 Procedure for Notification of Enforcement Hearing. <br /> <br />(a) Where an administrative enforcement remedy or proceeding <br />authorized by this Article provides for an Administrative Hearing, the Enforcement <br />Officer may request the City Manager, or his/her designee, to appoint an Administrative <br />Hearing Officer and to schedule a day, time and place for the hearing. <br /> <br />(b) Written notice of the time and place of the hearing will be <br />served at least ten (10) calendar days prior to the date of the hearing on the <br />Responsible Party. <br /> <br />(c) The format and contents of the hearing notice will be in <br />accordance with rules and policies promulgated by the City Manager or his/her <br />designee. <br /> <br />(d) The notice of hearing will be served by any of the methods of <br />services listed in Section 1.10.4 of this Article. <br /> <br />1.40.3 Disqualification of Administrative Hearing Officer. <br /> <br />Any person designed to serve as an Administrative Hearing Officer <br />is subject to disqualification for bias, prejudice, interest, or for other reasons for which a <br />judge may be disqualified in a court of law. Rules and procedures for the <br />disqualification of an Administrative Hearing Officer will be promulgated by the City <br />Manager or his/her designee. <br /> <br />1.40.4 Powers of Administrative Hearing Officer. <br /> <br />(a) The Administrative Hearing Officer may continue a hearing <br />based on good cause shown by one of the parties to the hearing or if the Administrative <br />Hearing Officer independently determines that due process has not been adequately <br />afforded. <br /> <br />(b) The Administrative Hearing Officer has continuing <br />jurisdiction over the subject matter of an Administrative Hearing for the purposes of <br />granting a continuance, ensuring compliance with an Administrative Enforcement Order, <br />modifying an Administrative Enforcement Order, or where extraordinary circumstances <br />exist granting a new hearing. <br /> <br />1.40.5 Procedures at Administrative Hearings. <br /> <br />(a) Administrative Hearings are intended to be informal in <br />nature. Formal rules of evidence and discovery do not apply. The procedure and <br />format of the Administrative Hearing will follow the procedures promulgated by the City <br />Manager or his/her designee. <br /> <br />F:Atty/Ord/Ord.157.1 <br />052303 <br /> <br />19 <br />