(1) Administrative enforcement hearings are intended to be informal in nature. Formal rules of evidence and discovery shall not apply; however, an informal exchange of discovery may be required. Any such request shall be in writing. Failure to request discovery shall not be a basis for a continuance. Complainant information shall not be disclosed or released unless the complainant is a witness at the hearing. The procedure and format of the administrative enforcement hearing shall follow duly adopted policies and procedures.

(2) The City shall bear the burden of proof to establish the existence of a violation of the Provo City Code or applicable state codes.

(3) Such proof shall be established by a preponderance of the evidence.

(4) Each party shall have the opportunity to cross-examine witnesses and present evidence in support of the party’s case. A written declaration signed under penalty of perjury may be accepted in lieu of a personal appearance. Testimony may be given by telephone or other electronic means.

(5) All administrative enforcement hearings shall be open to the public and shall be recorded by audio tape. In the discretion of the hearing examiner, administrative enforcement hearings may be held at the location of the violation.

(6) The responsible person shall have the right to be represented by an attorney. If an attorney will be representing a responsible person at a hearing, notice of the attorney’s name, address, and telephone number shall be given to the City at least one (1) day prior to the hearing. If such notice is not given, the hearing may be continued at the City’s request, and all costs of the continuance shall be assessed to the responsible person.

(7) The burden to prove any raised defenses shall be upon the party raising any such defense.