§ 4-14.11. Hearing procedures.

(a)

Hearings shall be conducted by a hearing officer either:

(1)

On the date, time and place specified in the notification to the requestor of the scheduled hearing which shall be set for a date that is not less than fifteen (15) days and not more than sixty (60) calendar days from the date contained in the barking dog citation per section 4-14.9 above; or

(2)

On the date assigned when a continuance pursuant to subsection (g) below has been granted.

(b)

The violator and complainant shall be notified of the assigned hearing date, time and location by the public health director or authorized designee by certified mail, return receipt requested.

(c)

The public health director or authorized designee shall provide all pertinent documents and records in the possession of the department related to the barking dog citation to the hearing officer.

(d)

The violator and complainant shall be given the opportunity to testify and to present evidence relevant to the barking dog citation. A parent or legal guardian of a violator who is a juvenile, under eighteen (18) years of age, must accompany the juvenile to the hearing or the administrative hearing will be deemed abandoned by the violator. Such abandonment shall also constitute a failure to exhaust administrative remedies concerning the violation set forth in the barking dog citation.

(e)

The citation itself and accompanying complainant's affidavit signed under penalty of perjury attesting to the barking dog violation provided to the hearing officer shall be accepted by the hearing officer as prima facie evidence of the violation and the facts stated in such documents.

(f)

An animal control officer is required to attend the hearing.

(g)

The public health director or authorized designee may continue a hearing once if a request for continuance is made showing good cause by a violator, a complainant, or a representative of the county. A hearing officer may also continue a hearing upon his or her own motion. All continuance requests shall either:

(1)

Be made in person at the hearing; or

(2)

Be made by a written request received by the department or hearing officer via e-mail, facsimile or letter at least seven (7) calendar days prior to the hearing date.

(h)

If a continuance is granted, the parties will be notified, and a new hearing date shall be scheduled that is within fourteen (14) calendar days of the date on which the continued hearing was first scheduled to take place.

(1)

If the request for continuance is denied, the parties will be notified, and the hearing shall proceed as originally scheduled.

(2)

If the violator is not present on an assigned hearing date and no continuance of the hearing has been granted, this shall constitute an abandonment of the administrative hearing, and a failure to exhaust administrative remedies concerning the violation set forth in the barking dog citation. The violator's or complainant's failure to appear shall be noted on the notice of decision completed by the hearing officer and mailed to the violator and complainant.

(i)

The hearing shall be concluded no more than fourteen (14) calendar days following the assigned hearing date or a new hearing date based on a requested continuance pursuant to section (2)(h) above.

(j)

The hearing shall be conducted informally and the legal rules of evidence need not be followed.

(k)

The hearing officer does not have the authority to issue a subpoena or subpoena duces tecum.

(Ord. No. 2020, § 2, 2-28-12)