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Ordinance 2001-145
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Ordinance 2001-145
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Last modified
8/19/2013 4:43:44 PM
Creation date
1/25/2006 4:41:01 PM
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CityClerk-Ordinances
Ordinance Number
2001-145
Date (mm/dd/yyyy)
12/13/2001
Description
Certificates of Use.
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<br />(2) The hearing shall be conducted by the Special Master. The <br />City Attorney shall represent the Special Master. Separate attorney <br />appointed for such purpose may represent the Director at the hearing. <br /> <br />(3) The proceedings at the hearing shall be recorded by the City <br />Clerk anti may be tf8flseribed at the &lfPeRse of the party FetluestiBg the <br />tnmseript. <br /> <br />(4) The hearing shall be conducted in an informal manner and the <br />formal rules relating to evidence and witnesses shall not apply, but <br />fundamental due process shall be observed and shall govern the <br />proceedings. Any relevant evidence shall be admitted if the Special <br />Master finds it competent and reliable, regardless of the existence of <br />any common law or statutory rule to the contrary. <br /> <br />(5) Each party shall have the right to call and examine witnesses; <br />to introduce exhibits; to cross-examine witnesses on any matter <br />relevant to the issues even though that matter was not covered in the <br />direct examination; to impeach any witnesses regardless of which <br />party first called that witness to testifY; and to offer rebuttal to the <br />evidence. <br /> <br />(6) Requests for continuances will not be considered if not <br />received by the Special Master at least seven (7) calendar days prior to <br />the date set for the hearing. <br /> <br />(7) The proceedings at the hearing shall be conducted as follows: <br /> <br />a. The Director shall present testimony in evidence. <br /> <br />b. The certificate holder shall then present testimony in <br />evidence. <br /> <br />c. Each side shall have the right of cross-examination at <br />the conclusion of the others presentation. <br /> <br />d. The Special Master shall have the right of inquiry. <br /> <br />e. Each party shall have the right to present rebuttal <br />evidence. <br /> <br />f Upon completion of the presentations, the hearing shall <br />be closed, and the Special Master shall analyze the <br />testimony and evidence of record and shall render a <br />decision either affirming or denying the determination <br />of the Director. <br /> <br />Certificate or Use Final <br /> <br />-10 - <br /> <br />12/11/01 11:45 am CS <br />
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