3-1A-26: AUTHORITY OF HEARING OFFICER:

   A.   Consideration By Hearing Officer: The Hearing Officer will consider only information that was available to the Director at the time the decision was made. If a party shows with good cause that there is additional relevant information that was not presented to the Director, the Hearing Officer will remand the request for administrative review to the Director for reconsideration. No Hearing Officer has the jurisdiction to invalidate any Federal or State Statute, ordinance, rule or regulation, or court order. The Hearing Officer must defer to the Director's interpretation of statutes, ordinances, rules, regulations, or policy unless the Hearing Officer finds the Director's interpretation to be contrary to the plain meaning of the statute or ordinance or an abuse of discretion.

   B.   Power To Regulate Proceedings: The Hearing Officer shall have and exercise the power to regulate the proceedings and to do all acts and to take all measures necessary or proper for the efficient performance of the Hearing Officer's duties under this article. The Hearing Officer shall have all powers of the City for the hearing of these matters, may issue subpoenas in the name of the City, may rule upon the admissibility of evidence, may put witnesses under oath and may examine them and may call the parties to the action and examine them upon oath. (Ord. 2-26, 2-10-2026)