CITY OF ALBUQUERQUE
TWENTY SIXTH COUNCIL
COUNCIL BILL NO. O-25-72 ENACTMENT NO. ________________________
SPONSORED BY: Joaqu?n Baca, by request
ORDINANCE
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Amending ROA 1994, Sections 2-7-8-3, 2-7-8-7, 2-7-8-8, And 2-7-8-9 Of The Independent Hearing Office To Clarify The Procedure For Appeals (Baca, by request)
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AMENDING ROA 1994, SECTIONS 2-7-8-3, 2-7-8-7, 2-7-8-8, AND 2-7-8-9 OF THE INDEPENDENT HEARING OFFICE TO CLARIFY THE PROCEDURE FOR APPEALS.
WHEREAS, the current City Ordinance governing the conduct of the Independent Hearing Office includes typographical errors; and
WHEREAS, amending the ordinance will align with the Independent Hearing Office's best practices; and
WHEREAS, the amendments to this Ordinance provide clarity to the public regarding their rights and the obligations of the Independent Hearing Office in response to requests for hearing and notices of appeals.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. Section 2-7-8-3, of the IHO Ordinance is amended as follows:
? 2-7-8-3 CITY CLERK; POWERS AND DUTIES.
(A) The City Clerk shall:
(1) Adopt and promulgate rules pertaining to administrative hearings;
(2) Adopt and promulgate a hearing officer code of conduct;
(3) Oversee the Independent Hearing Office;
(4) Assign and distribute the work of the Independent Hearing Office after considering the knowledge and experience of particular hearing officers, efficiency in the hearing process and potential conflicts of interest; and
(5) Reject appeals where the Independent Hearing Office or a board staffed by the Independent Hearing Office lacks jurisdiction over the appeal or hearings.
(B) The City Clerk may:
(1) Promulgate rules setting fees for filing of appeals or requests for hearings under City ordinances or as otherwise provided by law;
(2) Allow the parties to settle matters prior to a hearing on the merits;...
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