Sec. 23-49. Contested complaints, hearing procedure.


(a) The commission shall hold a hearing within forty-five (45) days upon receiving notice of intent to defend from respondent.
(b) A hearing shall be presided over by a quorum of the commission.
(1) Both complainant and respondent shall have the right to present witnesses to testify to presiding members of the commission.
(2) The hearing shall be conducted informally, without legal rules of evidence.
(3) The complainant and complainant’s witnesses shall present first.
(A) The respondent shall have the right to question the complainant and their witnesses.
(B) Members of the commission presiding over the hearing shall have the right to question the complainant and the complainant’s witnesses.
(4) The respondent may testify and may have witnesses testify on their behalf.
(A) The respondent does not have to present any defense.
(B) The complainant shall have the right to question the respondent and any witness presented by the respondent.
(C) Members of the commission presiding over the hearing shall have the right to question the respondent and the respondent’s witnesses.
(c) Members of the commission shall either sustain or not sustain a complaint after all individuals who wish to be heard have been heard.
(d) The commission shall not sustain a complaint unless it is satisfied that the complaint has been proven by a preponderance of the evidence presented at the hearing.
(e) Members of the commission who have presided over a hearing and sustained a complaint shall issue sanctions in conformity with section 23-49 of this article.
(f) The commission shall provide the respondent with a list of all sanctions made in writing within ten (10) days after the commission’s sustaining of a complaint. (Ord. No. G-04-10, 6-3-04)