§ 14-57. Hearing officer.  


Latest version.
  • (a)

    Appointment of hearing officer. The county shall appoint and retain one or more hearing officers to:

    (1)

    Conduct hearings and make determinations arising out of requests for hearing by recipients of notices of revocation of hobby breeder permits in accordance with section 14-56;

    (2)

    Hold hearings and make determinations regarding dangerous dog classifications pursuant to F.S. § 767.12, or its successor and this article, and regarding dog confiscations for destruction pursuant to F.S. § 767.13, or its successor, and this article; and

    (3)

    Conduct hearings and make determinations arising out of requests for hearing by recipients of notices of revocation of unaltered animal permits in accordance with section 14-58.

    (b)

    Qualifications. Each hearing officer shall be a licensed attorney with the Florida Bar who has practiced law in the state for at least five years, and who has experience in local government law or administrative law. No hearing officer shall represent clients before the animal control board during the period in which they serve as hearing officers. No hearing officer or law firms with which he may be associated shall represent a client in any judicial or administrative proceeding in which the county is an adverse party in any proceeding under F.S. ch. 828; F.S. §§ 767.12 or 767.13, or ch. 14, Code of Ordinances, County of Volusia.

    (c)

    Term, compensation. Each hearing officer shall serve at the pleasure of the county council and shall be compensated at a rate or rates to be fixed by the county council.

    (d)

    Ex parte communication.

    (1)

    No county employee, elected official, or other person who is or may become a party to a proceeding before a hearing officer shall engage in an ex parte communication with the hearing officer. However, the foregoing does not prohibit discussions between the hearing officer and county staff that pertain solely to scheduling and other administrative matters unrelated to the merits of the application.

    (2)

    If a person engages in an ex parte communication with the hearing officer, the hearing officer shall place on the record the pending case all ex parte written communications received, all written responses to such communications, a memorandum stating the substance of all oral communications received, and all oral responses made, and shall advise all parties that such matters have been placed on the record. Any party desiring to rebut the ex parte communications shall be entitled to do so, but only if such party requests the opportunity for rebuttal within ten days after notice of such communication. If the hearing officer deems it necessary due to the effect of an ex parte communication received by him, the hearing officer may withdraw from the case.

    (3)

    Any person who makes an ex parte communication prohibited by this section and any hearing officer who fails to place in the record any such communication, shall render the proceeding void.

    (e)

    Prohibited from acting as agent or attorney for subject matter. A hearing officer, any firm with which he or she is or may become associated, is prohibited for a period of three years after rendition of a decision from acting as an agent or attorney on any matter involving property which was the subject of the proceeding in which the hearing officer presided.

    (f)

    Hearing procedures.

    (1)

    Each party to a proceeding shall have the opportunity to:

    a.

    Be represented by counsel;

    b.

    Call and examine witnesses;

    c.

    Introduce exhibits;

    d.

    Examine opposing witnesses on any relevant matter, even though the matter was not covered under direct examination;

    e.

    Impeach any witness regardless of which party first called the witness to testify.

    (2)

    All hearings shall be conducted, insofar as is practicable, in accordance with the Florida Rules of Civil Procedure and the Florida Evidence Code. However, the general nature of the hearing shall be conducted in an informal manner.

    (3)

    Evidence.

    a.

    In any hearing before the hearing officer, irrelevant, immaterial, or unduly repetitious evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether such evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may be received in written form, and all testimony of parties and witnesses shall be made under oath. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions.

    b.

    Documentary evidence may be received in the form of a copy or excerpt if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original.

    c.

    A party shall be permitted to conduct cross-examination when testimony is taken or documents are made a part of the record.

    d.

    The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions.

    e.

    The hearing officer shall ensure that a tape recording of the hearing is preserved, which record shall be public and open to inspection and transcription by any person. A party wishing to have a court reporter record the proceedings must retain and compensate the court reporter for his or her services.

    (4)

    Written determinations of the hearing officer.

    a.

    After the hearing, the hearing officer shall issue a determination based upon the preponderance of the evidence. The animal control division shall bear the burden of establishing the elements sufficient to support a written notification under F.S. §§ 767.12 or 767.13 or notice of revocation under section 14-56.

    b.

    All determinations of the hearing officer shall be in writing, signed and dated by the hearing officer, shall contain findings of fact and conclusions of law.

(Ord. No. 2007-11, § VI, 10-18-07; Ord. No. 2008-13, § IV, 5-22-08)