§ 15-23. Commission hearing procedure.  


Latest version.
  • (a)

    A record shall be made of all hearings conducted by the commission. All hearings held by the commission shall be public and shall be conducted under rules consistent with the nature of the proceedings; provided, however, that the following rules shall apply to such hearing:

    (1)

    The formal rules of evidence applicable to judicial proceedings are not required. The commission may receive hearsay testimony or evidence which, while technically objectionable, is in its discretion relevant and reasonably reliable.

    (2)

    The commission may exclude irrelevant, cumulative, immaterial, or repetitious evidence.

    (3)

    Only evidence presented before the commission at such hearing may be considered in rendering a final order.

    (4)

    All parties to the hearing may be represented by a licensed attorney, though an attorney is not required.

    (5)

    Each party may present witnesses in his own behalf.

    (6)

    Each party has the right to cross-examine all witnesses.

    (7)

    All witnesses may be placed under the witness rule at the request of any party. The legal department of the city shall have an attorney present who shall represent the city's interest at each hearing held by the commission.

    (b)

    If the contractor does not appear before the commission at the date and time specified, the contract administrator may introduce evidence showing the noncompliance of the contractor, vendor or supplier.

    (c)

    After completion of the presentation of evidence by all parties appearing, the commission shall make written findings and a final order as to whether a violation of this Code exists, setting forth in such written findings the specific conditions which classify the contractor to be in noncompliance in violation of this Code, federal regulations, or executive order. If the commission finds that violation of this Code, federal regulations or executive order exists, the commission shall submit its recommendation to the mayor and city council.

(Ord. No. 2013-428, § 10(Exh. A), 5-8-2013, eff. 7-1-2013; Ord. No. 2015-668, § 3(Exh. A), 7-8-2015)