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A. The hearing officer shall arrange for a prompt hearing and notify the parties in writing of the time and place of the hearing. The hearing shall be conducted in an informal manner.

B. The hearing officer 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.

C. The parties shall have the right:

1. To present witnesses and evidence; and

2. To cross-examine opposing witnesses and rebut evidence.

D. The hearing will be open to the public.

E. The hearing shall be recorded. A transcribed record of the hearing shall be made available at cost to a party that requests it.

F. The hearing officer shall review the purchasing agent’s decision using a preponderance of evidence standard with the burden of proof on the claimant. [Ord. 14-27 § 4.]