§ 17-09-110. Hearings.

(a)

Upon receipt of a notice of fees due, as set forth in section 17-09-090 or of a violation of section 17-09-100, of this ordinance, the alarm user may request a hearing before the hearing officer to show cause why the alarm user should not be charged the fees specified in the notice or have the registration suspended or revoked. Such requests must be filed in writing with the city manager within thirty (30) calendar days of the notice of fees due. The alarm user shall be given written notice by first class mail of the hearing at least ten (10) calendar days before the hearing.

(b)

An applicant may request a hearing before the hearing officer to show cause why the alarm should be registered pursuant to section 17-09-050. Such requests must be filed in writing with the city manager within thirty (30) calendar days of the notice to the applicant that the alarm registration will not be approved. The applicant shall be given written notice by first class mail of the hearing at least ten (10) calendar days before the hearing.

(c)

All hearings shall be open to the public and shall be held only after notice is given to the applicant, permit holder or alarm user as provided in this ordinance. Notice of the hearing shall be posted in the lobby of city hall at least twenty-four (24) hours prior to the time of hearing.

(d)

Hearing procedure shall be as follows:

(1)

The hearing shall be conducted by the hearing officer.

(2)

Formal rules of evidence shall not apply to the conduct of the hearing.

(3)

Cross-questioning is neither prohibited nor encouraged. The hearing officer has full discretion whether to allow it.

(4)

The hearing officer may hear testimony from any expert witness.

(5)

After calling the meeting to order, the hearing officer shall outline the procedure to be followed in the conduct of the hearing.

(6)

The hearing may be recessed or adjourned to another time and place, or both, upon the discretion of the hearing officer.

(e)

The decision of the hearing officer is the final step in the administrative procedures and is conclusive upon the applicant, or alarm user and shall be considered to have exhausted all administrative remedies that are available to an applicant or alarm user. Decisions of the hearing officer may be appealed to the district court within thirty (30) days of receipt of the decision of the hearing officer.

(Ord. No. 955, 8-22-95)