§ 54-39. Hearings before the board of county commissioners.

(a)

When held. When a hearing is required before the board of county commissioners or its appointed board, as specified in section 54-38(e), the board of county commissioners or its appointed board shall schedule the hearing and serve upon all interested parties a notice of time and place of the hearing. The hearing shall be held promptly, but not less than 15 days after service of such notice and of the board of county commissioners' or its appointed board's written report (section 54-38(d)).

(b)

Conduct of hearing. The parties, or their authorized counsel, may file such statements with the board of county commissioners or its appointed board, prior to the hearing date, as they deem necessary in support of their positions. The parties may appear before the board of county commissioners or its appointed board in person or by duly constituted representative and may have the assistance of attorneys. The parties may present testimony and evidence, and the right to cross examine witnesses shall be preserved. All testimony shall be given under oath or by affirmation. The board of county commissioners or its appointed board shall not be bound by strict rules of evidence prevailing in courts of law or equity but due process shall be observed. The board of county commissioners or its appointed board shall keep a full record of the hearing, which records shall be public and open to inspection by any person, and upon request by any principal party to the proceedings, the board of county commissioners or its appointed board shall furnish such party a copy of the hearing record at cost. The constitutional rights of the respondent not to incriminate himself shall be scrupulously observed.

(c)

Decisions. The board of county commissioners or its appointed board shall make a finding of fact, and a determination of action to be taken (section 54-38(g)).

(d)

Subpoenas issued by commissioners. The board of county commissioners or its appointed board may issue subpoenas to compel access to or the production or appearance of premises, records, documents, individuals, and other evidence or possible sources of evidence relative to the complaint at issue.

(e)

Subpoenas issued for respondent. Upon written application to the board of county commissioners or its appointed board, a respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the name of the board of county commissioners or, to the same extent and subject to the same limitations as subpoenas issued by the board of county commissioners or its appointed board itself. Subpoenas issued at the request of a respondent shall show on their face the name and address of such respondent and shall state that they were issued at his request.

(f)

Witness and mileage fees. Witnesses summoned by subpoena of the board of county commissioners or its appointed board shall be entitled to the same witness and mileage fees as are witnesses in proceedings in the state courts. Fees payable to a witness summoned by a subpoena issued at the request of a respondent shall be paid by him, unless he is indigent in which case the county shall bear the cost of said fees.

(g)

Modification of subpoenas. Within ten days after service of a subpoena upon any person, such person may petition the board of county commissioners or its appointed board to revoke or modify the subpoena. The board of county commissioners or its appointed board shall grant the petition if it finds that the subpoena requires appearance or attendance, at an unreasonable time or place, that it requires production of evidence which does not relate to any matter under investigation, that it does not describe with sufficient particularity the evidence to be produced, that compliance would be unduly onerous, or for other good reason.

(h)

Enforcement of subpoenas. In case of refusal to obey a subpoena, the board of county commissioners or its appointed board or the person at whose request it was issued may petition for its enforcement in the appropriate court.

(Ord. No. 88-1, § 9, 1-7-1988)