A. The hearing shall be conducted informally and the technical rules of evidence shall not apply; provided, that the decision of the hearing officer shall in all cases be based upon substantial and reliable evidence. All parties shall have the right to be represented by counsel, to present evidence and testimony in support of their position, and to cross-examine adverse witnesses. All witnesses shall be placed under oath before testifying. The hearing officer may permit a respondent to appear at the hearing telephonically upon good cause shown.

B. The burden of proof shall be at all times upon the person or persons challenging the possession of the regulated business, or the party from whom the property was taken by the Police Department, even if the regulated business or the party from whom the property was taken does not appear at the hearing.

C. The hearing shall be recorded electronically or by other means.

D. The decision of the hearing officer shall be issued within ten calendar days after the close of the record. The decision shall be in writing, and shall be hand-delivered or mailed postage prepaid to each respondent or claimant appearing.

E. The decision of the hearing officer shall be final upon issuance. (Ord. No. G-3813, § 1; Ord. No. G-5619, 2011)