§ 8.60.280. Hearing requirements.

(a) At the hearing, all witnesses shall be sworn before the hearing officer.

(b)

The applicant or licensee shall be required to attend the hearing and may be called as a witness. An applicant or licensee that does not testify on his or her own behalf, may be called and examined, as if under cross-examination, by the department or the department's counsel. Failure of the applicant or licensee to attend the hearing, without good cause, shall result in affirmation of the director's decision.

(c)

The applicant or licensee shall bring to the hearing all licenses, permits, or certificates issued to the applicant or licensee.

(d)

The parties to the hearing may, at their own expense, be represented by an attorney.

(e)

The hearing officer shall not be required to transcribe testimony at a hearing. It shall be the sole responsibility of the party desiring a transcript of the proceeding to provide a certified court reporter. Said transcript shall become a part of the hearing record and be available for all parties and the hearing officer to review.

(f)

The burden of proof is upon the appellant to convince the hearing officer that errors were made in denying, revoking, suspending, issuing an order for emergency temporary suspension, or refusing to renew a license.

(g)

Every party to a hearing shall be able to:

(1)

Call and examine witnesses;

(2)

Introduce exhibits relevant to the issues of the case;

(3)

Cross-examine opposing witnesses on matters relevant to the issues of the case, even though the matter was not covered in a direct examination;

(4)

Impeach any witness regardless of which party first called him or her to testify; and

(5)

Offer rebuttal evidence.

(Ord. No. 4244, § 1, 10-21-2014)