§ 3½-14. BLS certificate holder hearing procedures.

(a)

There is hereby created the position of hearing officer for the purpose of hearing alleged violations brought by the director of the trauma management agency. Said hearing officer shall be a member in good standing of The Florida Bar engaged in the private practice of law in Broward County.

(b)

In any hearing before the hearing officer, irrelevant, immaterial or duly repetitious evidence shall be excluded. All other 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.

(c)

Each party shall have the right to be represented by counsel, to call and examine witnesses, to introduce exhibits, to examine opposing witnesses on any relevant matter, even though the matter was not covered under direct examination, and to impeach any witness regardless of which party first called the witness to testify.

(d)

If, after an evidentiary hearing relating to an alleged violation, the hearing officer finds based on the greater weight of the evidence that a violation has occurred and that revocation, suspension, or modification of the certificate is warranted, the hearing officer shall issue such an order. If, at the conclusion of the hearing, the hearing officers finds that no violation occurred or that revocation, suspension, or modification is not warranted, the hearing officer shall so state and issue the order dismissing the violation.

(e)

All orders shall be in writing, signed and dated by the hearing officer and shall contain findings of fact supporting the order.

(f)

Appeal from the decision of the hearing officer shall be by certiorari to the circuit court.

(Ord. No. 88-15, § 5, 4-12-88; Ord. No. 93-12, § 9, 6-8-93; Ord. No. 2008-37, § 1. 9-9-08)