The nature of our administrative hearings is not as complex as judicial court proceedings. The strict and often complex rules of evidence and procedure are not applicable, and plain language is used as opposed to legal language. Although some respondents hire attorneys to represent them, many respondents choose to represent themselves. The hearing itself is open to the public. The hearing, while less complex than a state court trial, still follows a basic structure to ensure fairness and due process of law.
All testimony is under oath and recorded.
The hearing officer will begin by giving his or her opening remarks, which outlines the hearing process. Since the city initiated the case it has to present its evidence before a respondent is even asked to present a defense. That simply means that it must set forth the necessary allegations that a code violation has occurred. Please note that in certain instances, federal and state case law allow the city to present its case through the sworn Notice of Violation alone, without requiring the presence of the ticketing police officer or city inspector. The hearing officer reviews the city's case to see if it has alleged all the necessary elements required by law.