§ 22-23. Hearings before the council.

(a)

When a hearing is required before the council or its appointed board, as specified in section 12-19(e), the council or its appointed board shall schedule the hearing and serve upon all interested parties a notice of time and place of the hearing. The hearing shall be held promptly, but not less than 15 days after service of such notice and of the council or its appointed board written report, section 22-19(e).

(b)

The parties, or their authorized counsel, may file such statements with the council or its appointed board, prior to the hearing date, as they deem necessary in support of their positions. The parties may appear before the council or its appointed board in person or by duly constituted representative and may have the assistance of attorneys. The parties may present testimony and evidence, and the right to cross-examine witnesses shall be preserved. All testimony shall be given under oath or by affirmation. The council or its appointed board shall not be bound by strict rules of evidence prevailing in courts of law or equity but due process shall be observed. The council or its appointed board shall keep a full record of the hearing, which records shall be public and open to inspection by any person, and upon request by any principal party to the proceedings the council or its appointed board shall furnish such party a copy of the hearing record at cost. The constitutional rights of the respondent not to incriminate himself shall be scrupulously observed.

(c)

The council or its appointed board shall make a finding of fact, and a determination of action to be taken section 22-19(g).

(d)

The council or its appointed board may issue subpoenas to compel access to or the production or appearance of premises, records, documents, individuals, and other evidence or possible sources of evidence relative to the complaint at issue.

(e)

Upon written application to the council or its appointed board, a respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the name of the council or, to the same extent and subject to the same limitations as subpoenas issued by the council or its appointed board itself. Subpoenas issued at the request of a respondent shall show on their face the name and address of such respondent and shall state that they were issued at this request.

(f)

Witnesses summoned by subpoena of the council or its appointed board shall be entitled to the same witness and mileage fees as are witnesses in proceedings in the state courts. Fees payable to a witness summoned by a subpoena issued at the request of a respondent shall be paid by him, unless he is indigent in which case the council shall bear the cost of said fees.

(g)

Within ten days after service of a subpoena upon any person, such person may petition the council or its appointed board to revoke or modify the subpoena. The council or its appointed board shall grant the petition if it finds that the subpoena requires appearance or attendance, at an unreasonable time or place, that it requires production of evidence which does not relate any matter under investigation, that it does not describe with sufficient particularity the evidence to be produced, that compliance would be unduly onerous or for other good reason.

(h)

In case of refusal to obey a subpoena, the council or its appointed board or the person at whose request it was issued may petition for its enforcement in the appropriate court.

(Code 1988, § 12-21; Ord. No. 85-3, § 9; Ord. No. 89-28, § 9)