2.91 - Administrative Hearing Procedures § 2.91
Section 2.91: Administrative Hearing Procedures
Subdivision 1. Administrative Hearings
A. Where the City Code entitles a person to an administrative hearing this Section
shall apply and Section 2.14 of the City Code shall not apply.
B. A person wishing to exercise their right to an administrative hearing shall file a
notice of appeal with the City Clerk. The notice of appeal must be filed with the
City Clerk on the form prescribed by the City Manager or his/her designee
within twenty (20) days after issuance of the administrative citation, notice or
order that is to be the subject of the hearing. If required by the Section of the
City Code granting the right to the administrative hearing or the City's master
fee schedule, the notice shall be accompanied by the applicable filing fee.
C. The City Council shall periodically approve a list of persons, from which the City
Manager or his/her designee will randomly select a hearing officer to hear and
determine a matter for which a hearing is requested.
D. The appellant has the right to request, no later than ten (10) days before the
date of the hearing, that the assigned hearing officer be removed from the
case. One (1) such request for each case will be granted automatically by the
City Manager or his/her designee. A subsequent request must be directed to the
assigned hearing officer who will decide whether the hearing officer can fairly
and objectively review the case. If such a finding is made, the City Manager or
his/her designee must assign another hearing officer. The hearing officer is not
a judicial officer but is a public officer as defined by Minnesota Statutes, Section
609.415. The hearing officer must not be an employee of the City. The City
Manager or his/her designee must establish a procedure for evaluating the
competency of hearing officers, including comments from citizens and City staff.
E. Upon the hearing officer's own initiative or upon written request of an
interested party demonstrating the need, the officer may issue a subpoena for
the attendance of a witness or the production of books, papers, records or other
documents that are material to the matter being heard. The party requesting
the subpoena is responsible for serving the subpoena in the manner provided
for civil actions and for paying the fees and expenses of any witness. A person
served with a subpoena may file an objection with the hearing officer promptly
but no later than the time specified in the subpoena for compliance. The officer
may cancel or modify the subpoena if it is unreasonable or oppressive. A person
who, without just cause, fails or refuses to attend and testify or to produce the
required documents in obedience to a subpoena is guilty of a misdemeanor.
Alternatively, the party requesting the subpoena may seek an order from
district court directing compliance.
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§ 2.91
F. The City shall schedule the hearing to occur within thirty (30) days of the City
receiving a request for a hearing in the form prescribed by the City Manager or
his/her designee. Notice of the hearing must be served on the person
responsible for the violation at least fourteen (14) days in advance of the
hearing, unless a shorter time is accepted by all parties. Service of the notice
will be by first class mail and will be complete upon mailing. At the hearing, the
parties will have the opportunity to present testimony and question any
witnesses, but strict rules of evidence will not apply. The hearing officer must
record the hearing and receive testimony and exhibits, and keep a record of
documentary evidence submitted. The officer must receive and give weight to
evidence, including hearsay evidence that possesses probative value commonly
accepted by reasonable and prudent people in the conduct of their affairs.
G. The hearing officer must:
1. determine whether the City has established by a preponderance of the
evidence that, as applicable, a violation of the City Code, or a violation of
the terms and conditions of a City approval, including permits and licenses,
required and granted under the City Code, has occurred;
2. determine whether the corrective action and/or administrative decision
resulting from the alleged violation is reasonable; and
3. affirm, vacate or modify the City's administrative decision regarding the
alleged violation and/or corrective action.
H. The hearing officer has the authority to reduce, stay, or waive a scheduled
penalty either unconditionally or upon compliance with appropriate conditions.
The hearing officer may increase the scheduled fine when the actual costs of
enforcement are shown by a preponderance of the evidence to be greater than
the amount of the scheduled fine.
I. When imposing a penalty for a violation, the hearing officer may consider any
or all of the following factors:
1. The duration of the violation;
2. The frequency or recurrence of the violation;
3. The seriousness of the violation;
4. The history of the violation;
5. The violator's conduct after issuance of the notice of hearing;
6. The good faith effort by the violator to comply;
7. The economic impact of the penalty on the violator;
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§ 2.91
8. The impact of the violation upon the community; and
9. Any other factors appropriate to a just result.
3. The hearing officer may exercise discretion to impose a fine for more than one
(1) day of a continuing violation, but only upon a finding that the violation
caused a serious threat of harm to the public health, safety, or welfare or that
the accused intentionally and the unreasonably refused to comply with the City
Code requirement.
K. The hearing officer's decision and supporting reasons must be in writing, and
shall include: the hearing officer's decision, the factual and legal basis for the
determination; the corrective action required, if any; the date and time by
which corrective action must be taken; and the penalty assessed, if any. The
hearing officer shall mail a copy of the decision to the appellant.
Subdivision 2. Appeal from an Administrative Hearing
The decision of the hearing officer is final without any further right of administrative
appeal. An aggrieved party may obtain judicial review of the decision of the hearing
officer in accordance with state law.
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