§ 8.08.080. Presumptions.

The following presumptions are disputable, and apply in all disciplinary proceedings conducted before the hearing officer:

(A)

That an unlawful act or violation of the code was done with unlawful intent;

(B)

That a person intends the ordinary consequences of his voluntary act;

(C)

That evidence willfully suppressed would be adverse if produced, this includes, but is not limited to the production of business records required by law to be kept;

(D)

That higher evidence would be adverse from inferior being produced, this includes the failure of the licensee to attend the hearing and subject himself to examination as directed by the hearing officer, or refusal to answer questions posed by the hearing officer, director or attorney for the department;

(E)

That official duty has been regularly performed;

(F)

That a judicial record, or record of the hearing correctly determines or sets forth the record of events as they actually occur;

(G)

That a letter duly directed and mailed was received in the regular course of the mail;

(H)

That a proven act of code violation is an indication of the usual course of business operation;

(I)

That records, reports, statements or data compilations, in any form, of public officials or agencies are accurate and truthful reports of the information contained therein.

(Reg. G-75-85 § 5, 1985: Reg. G-58-80 § 49, 1980: Reg. G-50-79 § 15, 1979: Reg. G-9-61 § 8, 1961)

(Ord. No. L-258-18, § 8, 9-4-2018)