§ 1.12.200. Duties of the municipal hearing officer.

A.

In General: The municipal hearing officer shall have access to and maintain a system relative to all violations issued and the disposition of each.

B.

In-Person Hearings:

i.

Notice and Scheduling: Upon receipt of a request for hearing, the Municipal Hearing Officer or the officer's designee shall schedule a hearing not later than forty-five days from the receipt of the request and shall notify the alleged person responsible of the date, time and location of the hearing. The alleged person responsible shall be given an opportunity to request a rescheduled hearing date. Hearings shall be held on at least two evenings each month. The hearings shall be held at the discretion of the municipal hearing officer, with no requirement that they be heard in any particular order. The municipal hearing officer shall have the broad authority to schedule hearings, even in the case of untimely requests, and may also deny such requests on procedural grounds.

ii.

Hearings Process: The municipal hearing officer shall have broad discretion in conducting the hearings. Hearings shall be conducted in a manner fair to all parties. The rules of evidence shall not apply, however, the municipal hearing officer, in his or her discretion, may take any documents, evidence, and/or testimony that he or she deems reliable, relevant, and/or trustworthy, and may draw any reasonable inferences therefrom. The municipal hearing officer, in his or her discretion, may reject any documents, evidence, and/or testimony that he or she deems unreliable, irrelevant, and/or untrustworthy. The municipal hearing officer shall determine by a preponderance of the evidence, whether the violation occurred, and whether the person noticed was the person responsible for the violation. The municipal hearing officer shall notify the person responsible of the disposition within twenty-one days of the hearing. If the violation is upheld, the person responsible may file a judicial appeal within ten days of receiving the notice of decision.

C.

Adjudication by Mail: Upon receipt of request for adjudication by mail, the municipal hearing officer shall review the submitted materials and dismiss or uphold the violation. Within twenty-one days of receipt of said materials, the municipal hearing officer shall notify the person responsible by mail of the disposition and, if the violation is upheld, shall provide an explanation of the reasons therefor. The person responsible may file a judicial appeal within ten days of receiving the notice of decision pursuant to M.G.L. Chapter 40U, Section 15, or to an appropriate court within thirty days pursuant to M.G.L. Chapter 30A, Section 14.

D.

Decisions and Appeals: Decisions of the municipal hearing officer shall be final, subject only to judicial appeal as provided by statute. Every final decision of the municipal hearing officer shall be accompanied by a notice to the person responsible that he or she may, within ten days of receipt of notice of decision, file a judicial appeal, and shall provide a form for that purpose.

(C.O. 15-37, § VII, 3-16-2015)