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A. Once designated, the Hearings Officer shall not communicate, directly or indirectly, regarding any issue in the proceeding other than communications necessary to procedural aspects of maintaining an orderly process, with a Person employed by the Department of Public Works or other employee of the City whom has specific knowledge of the matter, or with any other Person who has a direct or indirect interest in the outcome of the hearing, without notice and opportunity for all parties to participate, except as otherwise provided in this Part.

B. The Hearings Officer may receive aid and advice from the City Attorney’s Office, provided that the Hearings Officer initiates the communication, the particular employee providing advice has not and/or will not represent the Director at the hearing, and provided further that any such communications are limited to the resolution of legal issues requiring specialized knowledge or resources.

C. The Hearings Officer may communicate with employees or consultants of the City or Department of Public Works who have not participated in the proceeding in any manner, and who are not engaged in any investigative or prosecutorial functions in the same or a factually related case.

D. Persons with whom the Hearings Officer may not communicate regarding any issue in the hearing under the provisions of Section 14.10.810(A) shall not initiate communication with the Hearings Officer, without notice and opportunity for all parties to participate, unless necessary to procedural aspects of maintaining an orderly process.

E. Nothing in this Part shall prohibit the parties from communicating with the Hearings Officer when specifically authorized or required to do so by this Ordinance or State law.

F. A Hearings Officer who receives or initiates prohibited communications shall notify all parties and identify the party making the communication, or to whom the communication was made, and place on the record the substance of all prohibited communications. Any party may submit a written rebuttal statement to the Hearings Officer in response to a prohibited communication, and such statement shall be placed on the record, provided that the rebuttal is submitted within ten (10) days of the party’s notice of the prohibited communication, and further that notice of the rebuttal is provided to all other parties. Such prohibited statements and rebuttals included on the record shall not be considered evidence in the Hearings Officer’s determination, and may form the basis for a petition for disqualification of the Hearings Officer. (Ord. M-3970 §2, 2010)