Sec. 360.403. - Hearing officers.

(a) Every complaint, notice of violation or final determination by the Director which is filed with or appealed to the Board shall be heard by a hearing officer designated by the Office of General Counsel. The hearing officer shall be a person who is thoroughly familiar with the applicable laws of the City and who is independent of the division and the Board and who has not previously been a complainant or enforcement officer or a representative of the party against whom the complaint has been filed. The hearing officer shall be licensed to practice law and shall have been so licensed for at least five years, and shall familiarize himself with the applicable rules governing administrative hearings. The hearing officer must possess the ability to listen attentively to persons giving testimony, be able to exercise mature judgment and tact and must be able to express himself clearly and concisely, orally and in writing. Where possible, the hearing officer shall be selected by mutual agreement of the parties. In the event the parties are unable to agree on a hearing officer, the Office of General Counsel will request appointment of a hearing officer from the State of Florida, Division of Administrative Hearings. Notwithstanding the provisions of Chapter 126 , the hearing officer shall contract with the General Counsel and shall be paid a rate of compensation established by the General Counsel. In any administrative proceeding, the costs associated with hiring a hearing officer shall be paid by the nonprevailing party. (b) The hearing officer shall have the power, in the name and by the authority of the Board, to issue notices of hearings, to request the issuance of subpoenas requiring the attendance of witnesses and the production of evidence, to administer oaths and to take testimony as necessary. (c) In all complaint and enforcement hearings governed by this Part, the costs associated with the employment and use of a hearing officer shall be borne by the nonprevailing party in the administrative proceeding. These costs shall be taxed against the nonprevailing party by the Environmental Protection Board as the City agency responsible for these costs. (d) For purposes of this Section, the costs associated with employment and use of a hearing officer when the hearing officer is a City employee shall be computed on an hourly basis based upon that employee's salary and shall include time spent in prehearing preparation, actual hearing and drafting of a recommended decision. When the hearing officer is not a City employee, these costs shall be computed on a basis reflecting an hourly fee, per diem and other reimbursable expenses, pursuant to special services contracts by and between the hearing officer and the City. (Ord. 84-674-684, § 1; Ord. 85-799-474, § 1; Ord. 88-117-123, § 7; Ord. 2001-289-E, § 1)