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D. A hearing date shall not be postponed or continued unless a request for continuance, <br /> showing good cause for such continuance, is received in writing by the Special Master <br /> Magistrate at least five calendar days prior to the date set for the hearing. <br /> E. All hearings of the Special Master Magistrate shall be open to the public. All testimony <br /> shall be under oath. Assuming proper notice, a hearing may proceed in the absence of the <br /> named violator. <br /> F. The proceedings at the hearing shall be recorded by the office of the City Clerk. <br /> G. The City Clerk shall provide clerical services and administrative personnel as may be <br /> reasonably required by each Special Master Magistrate for the proper performance of his <br /> or her duties. <br /> H. Each case before a Special Master Magistrate shall be presented by the Director or his <br /> designee. The Manager shall have the authority to retain legal counsel pursuant to <br /> parameters that may be adopted by the Commission. <br /> I. The hearing need not be conducted in accordance with the formal rules relating to <br /> evidence and witnesses, but fundamental due process shall be observed and shall govern <br /> the proceedings. Any relevant evidence shall be admitted if the Special Master Magistrate <br /> finds it competent and reliable, regardless of the existence of any common law or <br /> statutory rule to the contrary. <br /> J. Each party shall have the right to call and examine witnesses; to introduce exhibits; to <br /> cross examine opposing witnesses on any matter relevant to the issues even though that <br /> matter was not covered in the direct examination; to impeach any witnesses regardless of <br /> which party first called that witness to testify; and to offer rebuttal of the evidence. <br /> K. The Special Master Magistrate shall make findings of fact and conclusions of law based <br /> on evidence of record. In order to make a finding upholding the Code Enforcement <br /> Officer's decision, the Special Master Magistrate must find that substantial competent <br /> evidence indicates that the named violator was responsible for the violation of the <br /> relevant section of the Code. <br /> L. The time for correction given by the Code Enforcement Officer to the named violator and <br /> contained in the civil violation notice is rebuttably presumed to have been a reasonable <br /> time for correction. Upon presentation of relevant evidence by the named violator that <br /> the time for correction was not reasonable, however, the Special Master Magistrate may <br /> make a redetermination as to the time period being insufficient. If the Special Master <br /> Magistrate determines that the time given for correction was insufficient, the penalty for <br /> 6 <br /> Words added underlined.words stricken deleted <br />