§ 20-301. Challenge or suspension or revocation notification; determination by hearing officer.

(a)

Challenge of suspension or revocation notification. If a permit holder decides to challenge a notice of suspension or revocation, the permit holder shall, within ten days after receipt or the position of such notice, file with the beach director a notice requesting a hearing pursuant to subsection (b). The permit holder shall set forth therein the reasons why the permit holder believes the suspension or revocation would be in error. The challenge to a notice of suspension or revocation shall be accomplished by a filing fee of $250.00 to cover administrative costs involved in the challenge.

(b)

Appointment of hearing officer. From time to time, the county manager shall appoint and retain one or more hearing officers to hear applications for determinations of suspension and revocations.

(c)

Qualifications. Each of the hearing officers 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 in any proceeding under this section during the period in which they serve as a hearing officer. No hearing officer or the law firms with which they may be associated shall represent clients in any judicial or administrative proceeding arising out of this section.

(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 communication 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 subsection 20-301(c)(1), and any hearing officer who fails to place in the record any such communication, is acting in violation of this article and any proceeding shall be void.

(e)

Prohibited from acting as agent or attorney for subject matter. A hearing officer, and 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 on a licensee's request 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. Violations of this subsection shall be prosecuted in the manner provided by general law.

(f)

Hearings.

(1)

All hearing shall be conducted within 30 days after the application and shall be open to the public.

(2)

Notice of the hearing shall be given to the permit holder, county staff and the master permit holder under whom the permit holder solicit.

(3)

The participants before the hearing officer shall be the permit holder, the permit holder's witnesses, if any, and county staff.

(4)

The permit holder and his witnesses, if any, shall be limited to a total of 30 minutes to present the permit holder's case, including rebuttal, as shall county staff. For good cause shown, the hearing officer may grant a party additional time.

(5)

Testimony and evidence shall be limited to matters directly relating to the pending suspension or revocation. Irrelevant or unduly repetitious testimony or evidence may be excluded. At the discretion of the hearing officer, relevant testimony and evidence may be admitted from the master permit holder.

(6)

All testimony shall be under oath. The hearing officer shall adopt rules of procedure governing the hearings.

(7)

To the maximum extent practicable, the hearings shall be informal. Reasonable cross-examination of witnesses shall be permitted, but questioning shall be confined as closely as possible to the scope of direct testimony. The hearing officer may call and question witnesses or request additional evidence as he or she deems necessary and appropriate. To that end, if during the hearing the hearing officer believes that any facts, claims, or allegations necessitate review and response by either the permit holder, master permit holder, staff, or both, then the hearing officer may order the hearing continued until a date certain. The hearing officer shall decide all questions or procedure and standing.

(8)

The hearing officer shall render a written decision on the application within 30 days after the hearing concludes.

(g)

Filing of decision. The original of the hearing officer's written decision shall be filed with the clerk to the county council, and copies shall be mailed to the beach director, the county attorney, the permit holder and the master permit holder.

(Ord. No. 99-15, § IX, 5-13-99; Ord. No. 00-07, § VII, 3-9-00; Ord. No. 2008-12, § IV, 5-22-08)