§ 1-10-345. Function, powers and duties of hearing officer.

The appointed hearing officer shall conduct the required evidentiary or procedural hearing and create the record upon which a final order will be adopted by the board.

(1)

Powers and duties. The hearing officer shall have the authority to:

a.

Administer oaths and affirmations;

b.

Require that the parties to the proceeding conduct discovery and make discovery available in accordance with the Florida Rules of Civil Procedure. Specifically, he may issue subpoenas requiring the attendance of witnesses or production of documents or things for the purpose of taking the testimony of such witnesses and inspection of documents at a public hearing;

c.

Take, or cause to be taken, depositions of witnesses whenever the ends of justice would be served thereby;

d.

Regulate the course of hearings;

e.

Rule upon offers of proof and receive relevant and material evidence;

f.

Dispose of procedural requests, and rule on motions, objections and similar matters;

g.

Hold conferences for simplification of issues by consent of the parties;

h.

Enter such orders, except a final order on the merits of the matter being heard, as are necessary to effectuate the intent and purposes of this article or any other Charlotte County ordinance relating to regulated company matters; and

i.

Cause the testimony at hearings and other proceedings to be preserved.

(2)

Subpoenas. Subpoenas may be issued by the clerk of the board upon written application of party or upon request of the board or hearing officer. Applications shall contain the name and address of the witness, and the time and place at which the witness is to appear. A subpoena may be served in the manner provided for in civil cases or by certified mail, in which case the return receipt must be signed by the person named in the subpoena.

(3)

Recordation. Proceedings shall be preserved by certified court report or by recording instruments. Any party to a hearing may, at its own expense, provide a certified court reporter if the hearing officer does not. If the hearing officer decides not to have the proceedings reported by a court reporter, it shall provide the parties with adequate notice of its decision. At hearings during which the services of a court reporter have been retained, any person who wants a written transcript of the testimony shall order such at its own expense. If a court reporter records the proceedings, the transcript of that recordation shall become the official transcript.

(4)

Due process protection. The hearing officer shall, with consideration to the nature of the proceeding, ensure the right of every party to:

a.

Receive adequate notice of the time, place and nature of the hearing, and of the matters of fact and law to be considered;

b.

Present his case or defense by oral and documentary evidence;

c.

Submit rebuttal evidence and conduct such cross-examination as may be required for a full and true disclosure of the facts;

d.

Make offers of settlement or proposals of adjustment;

e.

Be accompanied, represented and advised by counsel, or to proceed by self-representation; and

f.

Receive written notice of rulings on any written application, petition or other request.

(5)

Evidence.

a.

Oral evidence shall be taken only on oath or affirmation.

b.

Each party shall have the right: to present evidence relevant to the issues; to cross-examine opposing witnesses; to impeach any witness in accordance with Section 90.608, Fla. Stat., regardless of which party first calls that witness to testify; and to rebut the evidence presented against it.

c.

Irrelevant, immaterial, or unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence shall be admissible in a trial in the courts of Florida. 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.

d.

1.
Evidence may be submitted in the form of written testimony. Such testimony shall be typed on standard 8½ × 11 inch transcript quality papers, double spaced, with twenty-five (25) numbered lines, and a sufficient left margin to allow for binding. A hearing officer may require all parties to prefile testimony and shall provide reasonable notice to the parties of the date testimony shall be prefiled. This rule shall not limit the presentation of reports or written analyses, where reasonable.

2.

Upon providing copies of written testimony to all parties of record, a witness may enter that testimony into the record as though read, at which time the witness shall become subject to cross-examination, and his or her testimony shall become subject to evidentiary rules set out in subsection (5)c. of this rule.

(Ord. No. 93-44, § 5, 8-25-93)