(a) The hearing officer shall conduct all appeal hearings under this Chapter and shall be responsible for deciding all matters relating to the hearing procedures not otherwise specified in this Chapter or in regulations adopted by the Controller. The charging official shall have the burden of proof in the hearing. The hearing officer may continue the hearing at his or her own initiative or at the request of either party. The hearing officer may request additional information from the charging official or the person cited.
(b) The hearing need not be conducted according to technical rules of evidence and witnesses. Any relevant evidence is admissible if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs.
(c) The following provisions shall also apply to the appeal procedure:
(1) A citation that complies with the requirements of Section 100.3(b) and any additional evidence submitted by the charging official pursuant to Section 100.10 shall be prima facie evidence of the facts contained therein;
(2) The appellant shall be given the opportunity to present evidence concerning the citation; and
(3) The hearing officer may accept testimony by declaration under penalty of perjury relating to the citation from any party if he or she determines it appropriate to do so under the circumstances of the case.
(Added by Ord. 73-08, File No. 071670, App. 4/30/2008)
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