§ 2.207. Hearing.

(1)

Hearing. The hearing shall commence not more than ninety (90) calendar days after the date the hearing request was filed, unless all parties stipulate in writing to a later hearing date. Each party shall have the right: to present evidence relevant to the issues; to cross-examine opposing witnesses; to impeach any witness regardless of which party called the witness to testify; and to rebut evidence presented against it.

(2)

Evidence. The parties may obtain discovery through the means and in the manner provided in Rules 1.280 through 1.400, Florida Rules of Civil Procedure, as the same may from time to time be amended. Motions to compel discovery shall contain a statement certifying that the movant has conferred with the opposing parties in a good faith effort to resolve by agreement each issue raised and that they have been unable to do so. Motions to compel discovery shall quote verbatim each interrogatory, request for admission, or request for production and the response thereto followed by a statement of the grounds for the motion which shall be addressed to the specific interrogatory or request and may not be made generally. Sanctions to enforce discovery shall include those provided by the Florida Rules of Civil Procedure, except contempt. The Hearing Officer may request the production of evidence sua sponte.

(3)

Oath. The Hearing Officer shall have the power to administer oaths. All testimony shall be under oath.

(4)

Consideration. The Hearing Officer shall consider all relevant evidence, the Recommendation and argument of the Director of Planning and Development, or the Office of Human Relations as applicable, and argument of the applicant and any other parties of record. After taking testimony from the parties, and prior to closing argument by the parties, the Hearing Officer shall provide a reasonable opportunity for members of the public to make relevant comments regarding the application.

(5)

Burden of Proof. The party filing the hearing request shall have the burden of coming forward with the evidence and the burden of proof. The decision of the Hearing Officer shall be based on competent substantial evidence after applying the criteria set forth in the Orlando City Code and any applicable administrative, federal and state case law in effect at the time the hearing request was filed.

(6)

Formality. Formal rules of evidence shall not apply. Any relevant evidence shall be admitted. Hearsay evidence may be admitted, but shall not form the sole basis upon which the Hearing Officer's decision is made. Irrelevant and unduly repetitious evidence shall be excluded. The hearing shall be conducted in a manner to ensure that procedural and substantive due process is afforded the applicant.

(Ord. of 9-12-1994, Doc. #27833; Ord. of 1-27-2003, Doc. #030127713)