§ 10-31. Hearing.

(a)

When a hearing is required before the board, its appointed board or hearing officer, as specified in section 10-30(e) above, the board, its appointed board or hearing officer 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 fifteen (15) days after service of such notice and the board's, its appointed board's or hearing officer's written report required by section 10-30(d) above.

(b)

The parties or their authorized representatives, which may include counsel, may file such statements with the board, its appointed board or hearing officer prior to the hearing date, as they deem necessary in support of their positions. The parties may appear before the board, its appointed board or hearing officer in person or by duly constituted representatives 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 board, its appointed board or hearing officer shall not be bound by strict rules of evidence prevailing in courts of law or equity, but due process shall be observed. The board, its appointed board or hearing officer 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 board, its appointed board or hearing officer shall furnish such party a copy of the hearing record at cost. The constitutional rights of the respondent not to incriminate himself or herself shall be scrupulously observed.

(c)

The board, its appointed board or hearing officer shall make findings of fact and determine the action pursuant to section 10-30(g) above.

(d)

The board, its appointed board or hearing officer may issue subpoenas for the production of records, documents, the appearance of individuals and production of other evidence or possible sources of evidence relative to the complaint at issue.

(e)

Upon written application to the board, its appointed board or hearing officer, a respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the name of the board, the appointed board or hearing officer and to the same extent and subject to the same limitations as subpoenas issued by the board, its appointed board or hearing officer 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 his or her request.

(f)

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

(g)

Within fifteen (15) days after service of a subpoena upon any person, such person may petition the board, its appointed board or hearing officer to revoke or modify the subpoena. The board, its appointed board or hearing officer shall grant the petition if it finds that the subpoena requires appearance or attendance at an unreasonable time or place, that it requires the production of evidence which does not relate to 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 reasons.

(h)

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

(Ord. No. 2002-98, § 2, 12-3-02)