§ 87-090. HEARING PROCEDURE

(a)

No hearing to contest an administrative citation before a hearing officer shall be held unless both a request for hearing form has been completed and timely submitted and the amount of the penalty for the citation has been deposited in advance, unless a waiver has been granted under Section 87-070.

(b)

A hearing before the hearing officer shall be set for a date that is not less than ten days but no more 30 days from the date that the request for hearing is filed in accordance with the provisions of this chapter. The responsible party requesting the hearing shall be notified of the time and place set for hearing at least five days prior to the date of the hearing.

(c)

The hearing officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the recipient of the administrative citation has caused or maintained the violation(s) on the date(s) specified in the administrative citation.

(d)

Any administrative hearing conducted pursuant to this Chapter need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. The hearing officer has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time. Personal information about any reporting party related to the violation(s) shall not be disclosed.

(e)

The hearing officer may continue the hearing as necessary.

(f)

The failure of a responsible party to appear at the administrative citation hearing shall constitute a forfeiture of the fine and be deemed a failure to exhaust administrative remedies.