Manatee County |
Code of Ordinances |
Chapter 2-2. ADMINISTRATION |
Article VI. MISCELLANEOUS BOARDS, COMMISSIONS AND SIMILAR ENTITIES |
Division 5. HEARING OFFICERS |
§ 2-2-117. Informal rules of procedure.
Administrative hearings are intended to be informal and are not subject to the rules of the Florida courts. The following procedures will govern Manatee County administrative hearings:
(a)
The admissibility of evidence under Chapter 90, Florida Statutes, as to authenticity and foundation, may be waived or modified at the discretion of the hearing officer. Hearsay evidence may be admitted at the discretion of the hearing officer to supplement or explain other evidence, and may be sufficient to support a finding of fact without reference to an exception to the hearsay rules as provided in Sections 90.803 and 90.804, Florida Statutes, if it is corroborated by non-hearsay evidence.
(b)
Each party shall have the right to call and examine witnesses; to introduce exhibits; to cross examine opposing witnesses on any matters relevant to the issues even though the matter was not covered in the direct examination; to impeach any witness regardless of which party first called him to testify; and to rebut evidence presented against that party.
(c)
The hearing officer shall have discretion to question witnesses, to accept summaries or affidavits of testimony in lieu of live testimony, and to exclude evidence or testimony which is cumulative, irrelevant or prejudicial. The hearing officer shall have discretion in the number of witnesses allowed to testify and the time permitted for the hearing so long as basic due process is accorded the parties.
(d)
The hearing officer shall make written findings of fact based on evidence in the record. The hearing officer's order shall be issued and filed with the clerk of the court within fifteen (15) business days of the administrative hearing unless a specific statute or ordinance applicable to the proceeding provides for a shorter or longer period of time. This time period may also be modified by agreement of the parties or their counsel.
(Ord. No. 10-56, § 1, 9-28-10)