4.20.460 Hearing procedures.
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.]