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<br />SECTION 16. Rules of Procedure for Appeal Hearinas. <br /> <br />a. It shall be unlawful for a hearing officer to act as an agent or an attorney for a <br />party involved in a determination under the provisions of this Section. Further, a hearing <br />officer shall not initiate or consider ex parte communications or other communications with <br />any party of interest to a hearing officer concerning the substance of any proceeding to be <br />heard by a hearing officer. However, the foregoing does not prohibit discussions between <br />the hearing officer and City staff that pertain solely to scheduling and other administrative <br />matters unrelated to the merits of the application. If a person engages in ex parte <br />communication with the hearing officer, the hearing officer shall place on the record of the <br />pending case all ex parte written communications received. <br /> <br />b. The hearing officer shall have the power to: <br /> <br />1. Adopt rules for the conduct of a hearing; <br /> <br />2. Subpoena licensees and witnesses to its hearings. Subpoenas may <br />be served by the Casselberry Police Department and/or other law <br />enforcement agencies with jurisdiction to serve subpoenas; <br /> <br />3. Subpoena evidence to its hearings; <br /> <br />4. Administer oaths and take testimony under oath; and <br /> <br />5. Issue an order having the force of law. <br /> <br />c. The procedures used shall be those typically used in an administrative <br />hearing under Chapter 120, with the City having the burden of proof by the preponderance <br />of the evidence. Testimony and evidence may be submitted by any witness but shall be <br />limited to matters directly relating to the ticket. All testimony shall be under oath. The <br />evidentiary standards applicable in Chapter 120 hearings shall be applicable. The hearing <br />officer shall decide all questions of procedure and standing. All hearings shall be open to <br />the public. Minutes shall be kept at all hearings. <br /> <br />d. The hearing officer may also call and question witnesses or request <br />additional evidence as the hearing officer deems necessary and appropriate. Each party to <br />the hearing shall have the right to call and examine witnesses, introduce exhibits, cross- <br />examine opposing witnesses, impeach witnesses and rebut evidence. <br /> <br />e. At the conclusion of the hearing, the hearing officer shall issue an order <br />setting forth findings of fact, based on evidence of record, and issue conclusions of law <br />regarding whether the ticket will remain effective. <br /> <br />SECTION 17. SEVERABILITY. If any Section or portion of a Section of this <br />Ordinance proves to be invalid, unlawful, or unconstitutional, it shall not be held to <br /> <br />9 <br />