§ 2-2-109. Appointment, qualifications, term, removal and compensation.  


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  • (a)

    Appointment and term. The board of county commissioners shall appoint one or more qualified hearing officers by appropriate resolution, and a general list of all hearing officers so appointed shall be maintained by the county administrator, county attorney, or their designees. Each hearing officer shall serve at the pleasure of the board.

    (b)

    Qualifications. Generally, hearing officers shall have a degree in law from an accredited American Bar Association law school, be licensed to practice law in the State of Florida, and have a minimum of two (2) years' experience in Florida law. The board, in its discretion, may modify these qualifications as needed and may appoint hearing officers without these qualifications; provided that no hearing officer will preside over an administrative proceeding unless he/she is qualified by experience, education and intellectual capacity to understand, weigh, and evaluate evidence and argument likely to be presented therein.

    (c)

    Assignment to specific matters. All administrative hearings conducted pursuant to this section shall be convened by a hearing officer taken from the general list approved by the board pursuant to resolution and assigned by the county administrator or his designee. The hearing officer assigned to hear a specific matter must meet any and all specific criteria and qualifications provided for in the ordinance pursuant to which the administrative hearing is to be held.

    (d)

    Removal. Hearing officers may be removed by the board of county commissioners from the general list with or without cause. "Cause" includes incompetence, inability to handle assigned case(s), lack of impartiality in the proceeding(s), violation of law or ethical standards applicable to members of the Florida Bar, and untimeliness in reaching decisions or entering orders. No hearing officer shall be removed from an administrative proceeding to which he/she has been duly appointed without good cause being shown.

    (e)

    Compensation. A hearing officer may be compensated for his or her services and expenses. The administrator, or his designee, is authorized to negotiate the amount of compensation paid to a hearing officer for work actually performed. All costs and fees for an administrative hearing shall be charged to the department from which the administrative claim arose.

(Ord. No. 10-56, § 1, 9-28-10)