§ 2.28.060. STATEMENT OF ISSUES.  


Latest version.
  • (A)

    A hearing to determine whether a right, authority, license or privilege should be granted, issued or renewed is initiated by filing with the Clerk a statement of issues which shall contain, where applicable:

    (1)

    The statute, rule or code section with which the respondent must show compliance by producing proof at the hearing; and

    (2)

    A written statement of allegations setting out in ordinary and concise language the acts or omissions with which the respondent is charged so that the respondent is able to prepare a defense, but such allegations may not merely be phrased in the language of the statute, rule or code section; or

    (3)

    The particular matters which have come to the attention of the initiating party and which would authorize the agency action sought or a reversal of the agency action taken.

    (B)

    The statement of issues shall be verified unless made by a municipal officer acting in his official capacity or by an employee of the agency before which the proceeding is to be held. The verification may be on information and belief.

    (C)

    The statement of issues shall be served as provided in this chapter, except that if the hearing is held at the request of the respondent:

    (1)

    Sections 2.28.080 and 2.28.090 do not apply; and

    (2)

    The statement of issues together with the notice of hearing shall be delivered or mailed to the parties as provided in § 2.28.120.

('75 Code, § 2.28.060)(Ord. 72-9, passed 5-1-73)