7
(F)
Procedures for hearing.
1.
Subpoenas; defaults.
a.
At any time prior to the hearingdate, the hearingofficermay, at
the request of either party, directwitnesses to appear, and give
testimony at the hearing. If on the date set for the hearing, the
defendant or his attorney fails to appear, the hearingofficermay
find the defendant in default, and shall proceedwith the hearing,
and accept evidence to the existence of a code violation.
2.
Continuances; representation at code hearings.
a.
No continuances shall be authorized by the hearingofficer in
proceedings under this section, except in caseswhere a
continuance is absolutelynecessary to protect the rights of the
defendant. Lack of preparation shall not be grounds for a
continuance. The case for the defendantmaybe presented by the
defendant, the defendant’s attorney, or anyother agent or
representative of the defendant, at the defendant’s expense.
3.
Evidence; procedures for hearing.
a.
Hearingofficer to preside;At the hearing, a hearingofficer shall
preside, shall hear testimony, and shall accept any evidence
relevant to the existence or nonexistence of a code violation.
The strict rules of evidence applicable to judicial proceedings
shall not apply to hearings authorized by this section. The
correctness of facts contained in the code violation notice shall
be certified by the police officer, or other individual authorized
to issue a code violation issuing said notice by signinghis name
to the notice at the time of service.
b.
Evidence of correctness; Anyviolation notice issued, signed, and
served in accordance herewith, or a copyof the notice, shall be
prima facie correct, and shall be prima facie evidence of the
correctness of the facts set forth on the notice.
c.
Notice admissible in legal proceedings. The violation notice or a
copy shall be admissible in any subsequent administrative or
legal proceeding.
d.
Hearings recorded. All hearings pursuant to this section shall
have the audio recorded.
