8.12.090 Hearing.
A. Unless precluded by law, informal disposition of any proceeding may be made, with or without a hearing, by stipulation, consent order, agreed settlement, or default.
B. The City shall not be represented before the hearings officer by the city attorney or other counsel except as provided below. A respondent charged with a violation may be represented by legal counsel provided that five working days' written notice of such representation is received by the City. The City may have legal counsel represent it when respondent is represented by counsel. The hearings officer or court may for good cause waive this notice requirement in individual cases or reset the hearing for a later date.
C. The City must prove the violation occurred by a preponderance of the admissible evidence.
D. A name of a person, firm or corporation found on rubbish, trash, garbage, debris or other refuse, or recyclable material, in such a way that it denotes ownership of the items, constitutes rebuttable evidence that the person, firm or corporation has violated the refuse hauling, dumping and/or littering regulations.
E. The hearings officer or District Court shall place on the record a statement of the substance of any written or oral ex parte communications made to the hearings officer or court on a fact in issue during the pendency of the proceedings. The hearings officer or court shall notify the parties of the communication and of their right to rebut such communications.
F. The hearings officer or court shall have the authority to administer oaths and take testimony of witnesses. Upon the request of the respondent, or upon his or her own motion, the hearings officer or court may issue subpoenas in accordance with the Oregon Rules of Civil Procedure, which shall apply to procedural questions not otherwise addressed by this chapter.
1. If the respondent desires that witnesses be ordered to appear by subpoena, respondent shall so request in writing at any time five days prior to the scheduled hearing. A fifteen-dollar ($15.00) deposit for each subpoena issued shall accompany each request.
2. Subject to the same five-day limitation, the City may also request that certain witnesses be ordered to appear by subpoena.
3. The hearings officer or court may waive the five-day limitation for good cause.
4. Witnesses ordered to appear by subpoena shall be allowed the same fees and mileage as allowed in civil cases and payment of such allowance shall be the responsibility of respondent and the city in accordance with the party who requested the witnesses' appearance.
5. If a fine is declared in the final order, the order may provide that the respondent shall reimburse the City for any witness fees incurred attributable to the hearing.
G. Each party shall have the right to cross-examine witnesses who testify and shall have the right to submit evidence on his, her or its own behalf.
H. After due consideration of the evidence and arguments, the hearings officer or court shall determine whether the violation alleged in the complaint has been established.
1. When the determination is that the violation has not been established, an order dismissing the complaint shall be entered.
2. When the determination is that the violation has been established, or if an answer admitting the infraction has been received, an appropriate order shall be entered.
3. The final order issued by the hearings officer or court shall set forth both findings of fact and conclusions of law and shall contain the amount of the fine and costs imposed and instructions regarding payment.
4. A true copy of the order shall be delivered to each party or to their attorneys of record, personally or by mail.
I. A tape recording shall be made of the hearing. The tape shall be retained for at least ninety (90) days following the hearing or final judgment on appeal. (Ord. 8-1993 § 1(K), 1993.)