16.10.310 Appeals to the hearing officer(s).
A. An applicant may appeal a final decision of the city manager by filing a written request for appeal with the city clerk within fourteen (14) calendar days after the city manager’s decision is sent.
B. When filing the appeal, the appellant shall:
1. Certify under oath that the appeal is made in good faith;
2. Set forth the pertinent sections of the Bethel Municipal Code and/or state or federal law which the appellant believes were misapplied or misinterpreted by the city;
3. Set forth the specific relief requested;
4. An appeal to the hearing officer(s) must be accompanied by a filing fee as set out in the Bethel fee and rate schedule.
C. If the appeal request does not meet the requirements of subsections A and B of this section, it shall be denied.
D. During an appeal under this chapter, the appellant may not rely on or introduce information that the appellant has failed to furnish to the city in support of its initial request.
E. The hearing officer(s) shall arrange for a prompt hearing and notify the parties, in writing, of the time and place of the hearing. The hearing may be conducted in an informal manner.
F. The hearing officer(s) may:
1. Hold prehearing conferences to settle, simplify, or identify the issues in a proceeding, or to consider other matters that may aid in the expeditious disposition of the proceeding;
2. Require parties to state their positions concerning the various issues in the proceeding;
3. Require parties to produce for examination those relevant witnesses and documents under their control;
4. Rule on motions and other procedural matters;
5. Regulate the course of the hearing and conduct of the participants;
6. Establish time limits for submission of motions or memoranda;
7. Impose appropriate sanctions against a person who fails to obey an order of the hearing officer, including:
a. Prohibiting the person from asserting or opposing designated claims or defenses or introducing designated matters into evidence;
b. Excluding all testimony of an unresponsive or evasive witness; and
c. Excluding a person from further participation in the hearing;
8. Take official notice of a material fact not appearing in evidence, if the fact is among the traditional matters subject to judicial notice;
9. Administer oaths or affirmations;
10. Exclude witnesses when not testifying.
G. The parties shall have the right:
1. To present witnesses and evidence; and
2. To cross-examine opposing witnesses and rebut evidence.
H. The hearing will be open to the public.
I. The hearing shall be recorded. A transcribed record of the hearing shall be made available at cost to the party that requests it.
J. The hearing officer(s) shall review the city manager’s decision using a preponderance of evidence standard with the burden of proof on the claimant. [Ord. 15-27 § 3.]