§ 12-44. Service of process; conduct of hearings; appeal.

(a)

Service of process.

(1)

Service shall be sufficient if made by delivering a copy of the complaint, in damage claim cases, or charging document, for disciplinary proceedings, and a notice of hearing to the person to be served through registered mail, return receipt requested; by hand delivery by a law enforcement officer or code inspector; or by leaving the notice at the applicant's address as set forth in the application for a blasting permit or license.

(2)

Service on a business organization is sufficient if made by delivering a copy of the notice or pleading to a person in charge or as otherwise provided by general law.

(3)

When a person cannot be personally served within Broward County, and after diligent search and inquiry cannot be located within the county, then service is sufficient if made in one more of the following ways:

a.

By publication in a newspaper of general circulation in Broward County four (4) times;

b.

By registered mail, return receipt requested, addressed to the permit applicant or license holder at its last known address and deposited with the Postal Service.

(4)

If personal service is made upon a person or business organization, all subsequent process or service shall be sufficient if mailed to such person at the address where service was originally perfected. Service is sufficient if made by an officer authorized to serve process under the laws of the state of Florida or by a code enforcement officer, code inspector, or blasting specialist.

(b)

Evidence.

(1)

In any hearing before the hearing officer, formal rules of evidence shall not apply but fundamental principles of due process shall be observed and govern the proceedings. All evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may be received in written form, and all testimony of parties and witnesses shall be made under oath. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions.

(2)

Documentary evidence may be received in the form of a copy if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original.

(3)

The complainant and the permit applicant or license holder shall be permitted to conduct cross-examination when testimony is taken or documents are made a part of the record.

(4)

The rules of privilege shall be effective to the same extent that they are recognized in a civil action.

(c)

Conduct of hearings.

(1)

Cases before the hearing officer shall be presented by the complainant. The County shall provide clerical and administrative personnel as may be reasonably required by the hearing officer and shall ensure that a full record of the hearing is preserved, which record shall be public and open to inspection and transcription by any person.

(2)

The general procedure for the hearing shall be in such a form as shall be approved by the Office of the County Attorney and each party shall have the right to call and examine witnesses; introduce exhibits, cross-examine opposing witnesses on any relevant matter, even though the matter was not covered under direct examination; impeach any witness, regardless of which party first called the witness to testify; and rebut the evidence.

(d)

Orders of the hearing officer relating to disciplinary actions. After a disciplinary hearing, the hearing officer shall issue an order based on clear and convincing evidence. The hearing officer shall consider the gravity of the violation, any actions taken by the permit applicant or license holder to correct the violation, and any previous violations committed by the permit applicant or license holder. All orders shall contain findings of fact supporting the order and shall state the action, if any, to be taken against the blasting permit applicant or license holder. Such conditions may include, but are not limited to, suspension, revocation, probation, or the imposition of restrictions or conditions on the blasting permit or license.

(e)

Orders of the hearing officer relating to damage complaints.

(1)

Orders of the hearing officer shall be supported by a preponderance of the evidence presented. In order to find for the complainant, the hearing officer must determine that, based on the preponderance of the evidence presented at the hearing, the applicant was responsible for complainant's damage(s). If the hearing officer determines that complainant's damages are attributable to the applicant's actions, the hearing officer shall set out in the order the damage(s) attributable to the applicant's actions.

(2)

If the hearing officer finds that the applicant was responsible for complainant's damages, the hearing officer shall direct that the security posted by the applicant be reduced by the amount of damage(s) in order to compensate the complainant.

(f)

Appeal. The complainant or the applicant may appeal a decision of the hearing officer by certiorari to the Circuit Court within thirty (30) days of the date of rendition of the decision, as provided by the Florida Rules of Appellate Procedure.

(Ord. No. 96-7, § 14, 3-12-96; Ord. No. 2008-47, § 1, 11-13-08)