§ 2.28.200. DECISION IN CONTESTED CASE.

(A)

If a contested case is heard before an agency:

(1)

The hearing officer who presided at the hearing shall be present during the consideration of the case, and if requested, shall assist and advise the agency; and

(2)

A member of the agency who has not heard the evidence may not vote on the decision.

(B)

If a contested case is heard by a hearing officer alone, he shall prepare a proposed decision in a form which may be adopted as the decision in the case. A copy of the proposed decision shall be filed by the agency as a public record with the Clerk and a copy of the proposed decision shall be served by the agency on each party in the case and his attorney. The agency itself may adopt the proposed decision in its entirety, or may reduce the proposed penalty and adopt the balance of the proposed decision.

(C)

If the proposed decision is not adopted as provided in division (B) of this section, the agency may decide the case upon the record, including the transcript, with or without taking additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned to a hearing officer he shall prepare a proposed decision as provided in division (B) of this section upon the additional evidence and the transcript and other papers which are part of the record of the earlier hearing. A copy of the proposed decision shall be furnished to each party and his attorney as prescribed by division (B) of this section. The agency may not decide a case provided for in this division without giving the parties the opportunity to present either oral or written argument before the agency. If additional oral evidence is introduced before the agency, no agency member may vote unless he has heard the additional oral evidence.

('75 Code, § 2.28.200)(Ord. 72-9, passed 5-1-73)