Hearings requested under this chapter shall be held before the
Town Board, or a hearing examiner as provided below, and shall be
open to the public.
Unless an extension of time is requested by the appellant in
writing directed to the Chair of the Town Board and is granted, the
hearing will be held no later than 45 calendar days after the date
of service of request for a hearing, exclusive of the date of such
service. In any event, such hearing shall be held no later than 90
calendar days after the date of service of request for a hearing,
exclusive of the date of such service.
The Town Clerk shall mail notice of the hearing to the appellant,
with a copy to the Septic Inspector, at least 15 working days prior
to the hearing. Such notice shall include:
The Town Board may by resolution appoint an individual, to be
known as the hearing examiner, to conduct the hearing and to make
findings of fact, conclusions and recommendations to the Town Board.
The hearing examiner shall submit the findings of fact, conclusions
and recommendations to the Town Board in a written report and the
Town Board may adopt, modify or reject the report.
The appellant may be represented by counsel. The Septic Inspector,
the appellant, and additional parties, as determined by the Town Board
or hearing examiner, in that order, shall present evidence. All parties
shall have full opportunity to respond to and present evidence, cross-examine
witnesses, and present argument. The Town Board or hearing examiner
may also examine witnesses.
The Septic Inspector shall have the burden of proving its position
by a preponderance of the evidence, unless a different burden is provided
by substantive law. All findings of fact, conclusions, and decisions
by the Town Board shall be based on evidence presented and matters
officially noticed.
All evidence that possesses probative value, including hearsay,
may be admitted if it is the type of evidence on which prudent persons
are accustomed to rely in the conduct of their serious affairs. Evidence
that is incompetent, irrelevant, immaterial or unduly repetitious
may be excluded. The hearing shall be confined to matters raised in
the Septic Inspector's written notice of suspension, summary suspension,
revocation, or denial of a permit, or in the written request for a
hearing.
At the written request of any party, or upon motion of the Town
Board or hearing examiner, a prehearing conference shall be held.
The prehearing conference shall be conducted by the hearing examiner,
if the Town Board has chosen to use one, or by a designated representative
of the Town Board. The prehearing conference shall be held no later
than five working days before the hearing. The purpose of the prehearing
conference is to:
A.
Clarify the issues to be determined at the hearing.
B.
Provide an opportunity for discovery of all relevant documentary,
photographic or other demonstrative evidence in the possession of
each party. The hearing examiner or Town Board's representative may
require each party to supply a reasonable number of copies of relevant
evidence capable of reproduction.
C.
Provide an opportunity for discovery of the full name and address
of all witnesses who will be called at the hearing and a brief description
of the facts and opinions to which each is expected to testify. If
the names and addresses are not known, the party shall describe them
thoroughly by job duties and involvement with the facts at issue.
D.
If a prehearing conference is held, evidence not divulged as provided
above shall be excluded at the hearing unless the party advancing
the evidence took all reasonable steps to divulge it to the adverse
party prior to the hearing and:
If the appellant fails to appear at the hearing, appellant shall
forfeit any right to a hearing before the Town Board or hearing examiner.
Appellant's failure to appear shall also be deemed as a waiver of
appellant's right to appeal the Septic Inspector's decision and the
decision shall stand.
Any person aggrieved by the decision of the Town Board may appeal
that decision to any court with appropriate jurisdiction.
