§ 8.22.110. Hearing procedures.

A.

Hearing Officer. A hearing shall be set before a Hearing Officer to decide the issues in the petition.

B.

Hearings.

1.

All hearings on petitions shall be open to the public and recorded;

2.

Any party to a hearing may be assisted by a representative who may be an attorney or any other person. A party must designate his or her representative in writing.

C.

Notification and Consolidation. Rent Adjustment Program staff shall notify the owner and tenant in writing of the time and place set for hearing. Representatives of parties shall also be notified of hearings, provided that the Rent Adjustment Program has been notified in writing of a party's designation of a representative at least ten days prior to the notice of the hearing being sent. Disputes involving more than one covered unit in any single building may be consolidated for hearing.

D.

Time of Hearing and Decision.

1.

The Hearing Officer shall have the goal of hearing the matter within sixty (60) days of the original petition's filing date.

2.

The Hearing Officer shall have a goal of rendering a decision within sixty (60) days after the conclusion of the hearing or the close of the record, whichever is later. The decision shall be issued in writing.

3.

The decision of the examiner shall be based entirely on evidence placed into the record.

E.

A Hearing Officer may order a rent adjustment as restitution for any overcharges or undercharges due, subject to guidelines set out in the regulations.

F.

Administrative Decisions.

1.

Notwithstanding the acceptance of a petition or response by the Rent Adjustment Program, if any of the following conditions exist, a hearing may not be scheduled and a Hearing Officer may issue a decision without a hearing:

a.

The petition or response forms have not been properly completed or submitted;

b.

The petition or response forms have not been filed in a timely manner;

c.

The required prerequisites to filing a petition or response have not been met; or

d.

A certificate of exemption was previously issued and is not challenged by the tenant.

2.

A notice regarding the parties' appeal rights will accompany any decision issued administratively. Appeals are governed by Section 8.22.120.

G.

Should the petitioner fail to appear at the designated hearing, the Hearing Officer may dismiss the petition.

(Ord. No. 13418, § 1(Exh. A), 2-7-2017; Ord. 12538 § 1 (part), 2003; Ord. 12399 (part), 2002)