Chapter 2.27
OFFICE OF ADMINISTRATIVE HEARINGS
Sections:
2.27.050 Conflict of interest.
2.27.060 Ex parte contacts prohibited.
2.27.010 Established.
The Office of Administrative Hearings is established. Administrative hearing officers shall be appointed by the Mayor and confirmed by the City Council. If possible, there shall be three administrative hearing officers appointed in order to maintain a rotating list of available officers. (Ord. 12-21 § 2, 2012)
2.27.020 Duties.
Administrative hearing officers shall have jurisdiction over the following:
A. Appeals of forfeiture impounds and seizures of motor vehicles per Chapter 10.02 NPMC. (Ord. 12-21 § 2, 2012)
2.27.030 Qualifications.
An administrative hearing officer shall be an attorney duly licensed to practice law in the State of Alaska, experienced in arbitration, mediation, contract law, and administrative appeals. An administrative hearing officer shall hold no other appointed or elected office or position with the City of North Pole. (Ord. 12-21 § 2, 2012)
2.27.040 Appointment.
An administrative hearing officer shall be appointed to a two-year term. There is no limit to the number of terms an administrative hearing officer may serve. An administrative hearing officer may be removed for cause by the Mayor with the approval of the City Council or by a two-thirds majority vote of the City Council. (Ord. 12-21 § 2, 2012)
2.27.050 Conflict of interest.
A. An administrative hearing officer shall not hear or participate in a case where he/she has a conflict of interest, as defined by Canon 3 of the Code of Judicial Conduct, in any matter under investigation or consideration. The administrative hearing officer must disclose any potential conflict of interest to the parties.
B. The administrative hearing officer assigned to the case shall, in the first instance, rule on any conflict of interest challenges to him/her participating in the case. All such rulings shall promptly be assigned to another administrative hearing officer for review and decision de novo. (Ord. 12-21 § 2, 2012)
2.27.060 Ex parte contacts prohibited.
A. An administrative hearing officer acts in a quasi-judicial capacity and shall not engage in ex parte communications concerning the matter of appeal with City employees, City contractors, members of the City Council, the appellant, or any parties associated with the impound or forfeiture process.
B. If an unsolicited ex parte communication occurs, the administrative hearing officer shall disclose the communication on the record prior to rendering a decision and shall not take information contained in an ex parte communication into consideration. (Ord. 12-21 § 2, 2012)
2.27.070 Compensation.
An administrative hearing officer shall receive compensation of $150 (one hundred fifty dollars), per hour, subject to inflationary increases as set by the City Council. An administrative hearing officer shall also receive reimbursement for reasonable expenses incurred in carrying out the duties of the office. (Ord. 12-21 § 2, 2012)
2.27.080 Hearing procedures.
Administrative hearing proceedings shall be conducted informally and may be governed by such rules and procedures as the official agency that is empowered to conduct such hearings or proceedings may choose to establish, except that:
A. Parties may appear in person or through counsel. Parties may waive the opportunity to appear at a hearing. Failure to appear at a hearing shall be treated as a waiver of the opportunity to appear. Provided, however, that if a party either waives the opportunity to appear at a hearing or fails to appear, the hearing may proceed and a decision may be issued based upon the evidence and arguments presented.
B. Parties may present witnesses and evidence on their own behalf.
C. A party or their counsel may cross-examine opposing witnesses on matters relevant to the issues, impeach witnesses regardless of which party first called the witness to testify, and rebut evidence admitted against him or her.
D. 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 a common law or statutory rule which makes improper the admission of the evidence over objection in a civil action. Hearsay evidence may be admitted provided there are guarantees of its trustworthiness and it is more probative on the point for which it is offered than any other evidence which the proponent can procure by reasonable efforts.
E. All administrative hearings shall be open to the public.
F. All parties shall have the right to subpoena witnesses and documents using a form provided by the City Clerk and submitted to the Clerk for issuance at least five working days before the date of the hearing.
G. All administrative hearing proceedings shall be memorialized by an electronic recording or a stenographic record and be conducted in City Council chambers. (Ord. 12-21 § 2, 2012)
2.27.090 Scope of review.
Unless otherwise provided in this code administrative hearing officers are empowered to conduct, hear and decide de novo all matters appealed and may exercise independent judgment as to the weight of evidence supporting or refuting the findings of the administrative official and from whose decision the appeal is taken, and shall exercise independent judgment on legal issues raised by the parties. (Ord. 12-21 § 2, 2012)
2.27.100 Decisions.
A. No later than fifteen days following an administrative hearing conducted under this chapter, the official empowered to conduct an administrative hearing shall issue a written decision based on findings and conclusions adopted by the official. Such findings must be in writing and must be reasonably specific so as to provide interested persons, and where appropriate, reviewing authorities, a clear and concise understanding of the reasons for the decision entered.
B. The decision, findings of fact and conclusions of law shall be forwarded to all parties to the appeal by U.S. mail at the address of record provided by the parties and a certificate of distribution of the decision shall be noted on the decision. A final appealable decision must indicate that it is a final order and that a party disputing the decision has thirty days from the date of distribution of the decision to appeal. If an appeal is not timely filed the decision of the administrative hearing officer shall be final and not subject to further review. (Ord. 12-21 § 2, 2012)
2.27.110 Reconsideration.
A decision of the official reached at the conclusion of an administrative hearing may be reconsidered or reheard only if:
A. There was substantial procedural error in the original proceedings; or
B. The official acted without jurisdiction in the original proceeding; or
C. The original decision was based on fraud or misrepresentation; or
D. The hearing officer has overlooked or misperceived a material issue of law or fact.
Any person seeking reconsideration or rehearing must file a request with the City Clerk together with materials supporting one or more of the grounds stated above within fifteen days of the decision for which reconsideration or rehearing is requested. A rehearing shall be conducted in the same manner as the original proceeding. (Ord. 12-21 § 2, 2012)
2.27.120 Appeals.
Any person seeking an appeal of an administrative hearing must do so within thirty days of the distribution of the decision and all appeals shall be filed in the Superior Court of the State of Alaska, Fourth Judicial District. (Ord. 12-21 § 2, 2012)
2.27.130 Definitions.
For the purposes of this chapter:
“Administrative hearing” means any hearing, formal conference, or other proceeding before an official which is required by law or by this code as a condition precedent to the determination by the official of any matter relating to the rights, privileges, duties, obligations or remedies of an identified individual. (Ord. 12-21 § 2, 2012)