02-24-10 Council Agenda - Laserfiche WebLink

Home Browse Search

Department's administrative citations staff of the reasons for delay. The Hearing Officer shall send the Recipient a copy of all evidence submitted by the Tepartment at his earliest opportunity, but no later than three days prior to the scheduled hearing. 3.2 Conduct of I-Ieat•ings. At the scheduled hearing, the Heaz•ing Officer shall receive the testimony of any witnesses, witness statements, and comments presented by the person cited. The T-Iearing Officer shall consider these items alongside the materials submitted by the Issuing Officer, who is not required to be present. The TTearing Officer shall give the Recipient and any witnesses a fu11 and fair opportunity to present matters in defense or mitigation of the cited offense. The hearing Officer shall weigh the evidence, and zua]<e credibility determinations to the best of the Hearing Officer's ability. The I-Tear•ing Officer is not required to apply the rules of evidence in making determinations about the evidence presented. The Hearing Officer shall not discuss fines or penalties with the Recipient (note: Minn. Stat. § 169.999 does not permit reductions or modifications to the fine specified for administrative traffic citations). 3.3 Decision and Reprn•fizag. After receiving all evidence, the I-Tearing Officer shall determine, by a preponderance of the evidence, whether the Recipient violated the statutes identified in the administative citation. iJpon reaching a decision, the Hearing Officer shall make written findings supporting the decision. "The written findings shall be returned to the Department staff managing the administrative citations program. The T-Tearing Officer shall return all data received during the hearing process, including documents, pictures and other tangible items, to the Department at the time the written findings are returned. 3.4 Other Responsibilities of Hearing Officer. 1'he Hearing Officer shall conduct all duties stated herein in an impartial manner, and shall serve only in those mattez•s in which he can remain impartial and even-handed. if at any time the ITearing Officer is unable to conduct a hearing in an impartial manner, he shall notify the Depaz•lntent staff administering the program and request that the case be re-assigned. The Hearing Officer must observe high standards of ethical conduct. The kiearing Officer shall zaot practice, condone or facilitate any form of discrimination on the basis of race, coloz•, creed, religion, national origin, sex, marital status, public assistance status, disaUility, sexual orientation or age. Retainer AgreemenC for Iteariog Officer Services Page 2 of S 3