§ 50-211. Conduct of hearing.

The hearing on the order to show cause issued pursuant to this division shall be conducted by a hearing officer. The hearing officer is authorized to take testimony and in the course of so doing is authorized to administer oaths or affirmations pursuant to Code of Civil Procedure § 2093. Hearings need not be conducted according to the technical rules relating to evidence and witnesses. However, the person to whom the order to show cause was directed shall have the right to present testimony and documentary and physical evidence on his or her behalf and shall have the right to cross examine any witnesses and rebut any evidence presented against him or her. The director shall have the burden of proving the existence of a public nuisance, or other violations alleged, by a preponderance of the evidence.

(Ord. No. 2002-04, § 2(16B.05.09), 5-8-2002)