§ 12-43. Blasting complaint hearings.

(a)

There is hereby created, for the purpose of conducting hearings to determine damages pursuant to this article, the position of hearing officer. The hearing officer shall be a member in good standing with The Florida Bar. For each hearing, the Division Director shall randomly assign a hearing officer from a list of hearing officers which has been approved by the Board of County Commissioners.

(b)

For all complaints to be heard by the hearing officer related to damages, the County shall serve a notice of hearing on the permit applicant which shall include, but not be limited to, the following:

(1)

Name of the complainant;

(2)

Name of the permit applicant;

(3)

The time, date, and place of the proceeding;

(4)

A statement that "failure to attend may result in a finding being made adverse to your interests, which may include, but is not limited to, reduction of the security posted with Broward County";

(5)

That all parties may be represented by counsel;

(6)

That all parties shall be given an opportunity to present witnesses and evidence in support of their position; and

(7)

A statement that "if you decide to appeal any decision made by the hearing officer with respect to any matter considered at such proceeding, you will need a record of the proceeding, and that, for such purpose, you may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based."

(Ord. No. 96-7, § 13, 3-12-96; Ord. No. 2008-47, § 1, 11-13-08)