§ 2-126. Procedure generally.  


Latest version.
  • In every case of adjudication:

    (a)

    All parties shall be afforded an opportunity for hearing after reasonable notice.

    (b)

    The notice shall include:

    (1)

    A statement of the time, place, and nature of the hearing;

    (2)

    A statement of the legal authority and jurisdiction under which the hearing is to be held;

    (3)

    A short and plain statement of the matters of fact and law asserted.

    (c)

    Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved.

    (d)

    Nothing in this article shall prohibit informal disposition by stipulation, settlement, consent order, or default.

    (e)

    The record shall include:

    (1)

    All pleadings, motions, and intermediate rulings;

    (2)

    Evidence received or considered, including, on request of any party, a transcript of oral proceedings or any part thereof;

    (3)

    A statement of matters officially noticed;

    (4)

    Offers of proof, objections, and rulings thereon;

    (5)

    Proposed findings and exceptions thereto;

    (6)

    All staff memoranda or data submitted to the hearing officer or members of an administrative board in connection with their consideration of the case.

    (f)

    Findings of fact shall be based exclusively on the evidence and on matters officially noticed.

(Ord. No. 158, § 42, 6-27-78)