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A. The hearing examiner shall within seven days review and screen each complaint forwarded to them to determine whether it contains allegations, which if true could constitute conduct in violation of Chapter 2.05 BMC.

B. The hearing examiner shall then screen the complaint in closed adjudicatory session. The hearing examiner’s request for information to the city clerk and the responses shall be kept confidential between the hearing examiner, the respondent and the city clerk’s office.

C. After the screening, the hearing examiner shall, by formal written order, either accept the complaint in whole or in part, or reject the complaint in its entirety, or remand the complaint to the appropriate agency. The formal order shall contain the hearing examiner’s findings and recommendations.

1. If the hearing examiner accepts a complaint, in part or in whole, the clerk shall notify the complainant and respondent of the acceptance of the complaint.

a. The hearing examiner through the city clerk’s office shall request the respondent to provide full and fair disclosure of all facts and circumstances pertaining to the alleged violation(s). Misrepresentation of material facts in a response to the hearing examiner from the respondent is a violation of this code. The respondent shall provide a response to the request through the city clerk’s office within ten (10) calendar days filing period after notice of the hearing examiner’s acceptance of a complaint. If the ten- (10-) day filing period for response has expired, and no response has been received from the respondent, the clerk shall provide notice of lack of response to the hearing examiner who shall proceed in determining probable causes.

b. After the ten- (10-) day filing period for the respondent has closed, the hearing examiner may continue with the investigation for up to an additional ten (10) days or may immediately proceed to determining probable cause.

2. If the hearing examiner rejects the complaint, the city clerk shall, within ten (10) calendar days from the decision, forward the written order of the hearing examiner’s rejection and a copy of the complaint to the complainant and respondent. All material associated with the rejected complaint shall be held confidentially unless the respondent waives the confidentiality protection.

3. If the hearing examiner finds allegations of a violation of municipal, state, or federal law outside the board’s authority they shall reject the complaint in whole or in part and refer the complaint to the appropriate agency. A complaint that is rejected shall be held confidentially. A complaint that is referred shall be subject to public disclosure in accordance with or imposed by other provisions of law. [Ord. 19-19 § 3, 2019.]