COCHISE COUNTY HEARING OFFICER RULES OF PROCEDURE
ON ZONING AND BUILDING CODE VIOLATIONS

(The County provides these rules as a .doc file, which I've posted at
    http://littlebigdog.net/Rules4ZoningViolHearings.doc
Here's the identical content with no fancy typography.)

RULES OF PROCEDURE

RULE 1 - SCOPE
RULE 2 - DEFINITIONS
RULE 3 - COMMENCEMENT OF ACTION
RULE 4 - AMENDING THE COMPLAINT
RULE 4.1 - VOLUNTARY DISMISSAL
RULE 5 - NOTICE OF COUNSEL OR OTHER DESIGNATED REPRESENTATIVE
RULE 6 - REPRESENTATION BY ATTORNEY
RULE 7 - DISCOVERY
RULE 8 - CONTINUANCE
RULE 9 - QUESTIONING OF WITNESSES
RULE 10 - RULES OF EVIDENCE
RULE 10.1 - SUBPOENAS
RULE 11 - WITNESSES
RULE 12 - ORDER OF PROCEEDINGS
RULE 13 - RECORD
RULE 14 - DEFAULT BY COUNTY
RULE 15 - FAILURE TO COMPLY WITH ORDER
RULE 15.1 - FAILURE TO COMPLY WITH ORDER
RULE 16 - DEFAULT
RULE 17 - NOTICE OF RIGHT TO APPEAL
RULE 18 - SETTING ASIDE DEFAULT JUDGMENT
RULE 19 - APPELLATE REVIEW
RULE 20 – RECORD ON APPEAL
RULE 21 – TRANSMISSION OF RECORD
RULE 22 – APPELLATE MEMORANDA
RULE 23 – NOTICE OF REVIEW
RULE 24 – DISPOSITION OF THE BOARD OF SUPERVISORS
RULE 25 – APPEAL TO THE SUPERIOR COURT

RULE 1 - SCOPE
    These rules shall apply in all cases involving the adjudication of County Ordinance violations before the Cochise County Hearing Officer ("hearing officer") for which a civil penalty may be imposed pursuant to A.R.S. Section 11-808(D) and Cochise County Zoning ordinance, Resolution No. 84-64, Section 2304 as amended, or may be hereafter amended.

RULE 2 - DEFINITIONS
    (a) "BOARD" means the Cochise County Board of Supervisors.
    (b) "CHAIRMAN OF THE BOARD OF SUPERVISORS" means the chairman, or in the absence of the chairman, the person acting as chairman.
    (c) "CLERK" means the Clerk of the Cochise County Hearing Officer.
    (d) "COMPLAINT" means Zoning Enforcement Complaint.
    (e) "COUNSEL" means an attorney licensed to practice law in the State of Arizona.
    (f) "COUNTY" means Cochise County.
    (g) "DESIGNATED REPRESENTATIVE" means a person over eighteen (18) years of age, other than an attorney, authorized in writing by the defendant to represent the defendant in proceedings before the hearing officer.  The written authorization shall be in a form sufficient to satisfy the hearing officer that the person has in fact been authorized to act on the defendant's behalf and the defendant understands and agrees to be bound by actions taken by the designated representative in proceedings before the hearing officer.
    (h) "PARTIES" means the defendant and the County.
    (i) "ZONING INSPECTOR" means Cochise County Planning Director, a zoning inspector, deputy zoning inspector, or other representative of the Cochise County
    (j) Planning and Zoning Department designated by the Cochise County Planning Director.

RULE 3 - COMMENCEMENT OF ACTION
    (a) Every action or proceeding brought before the hearing officer for a violation of a Cochise County Zoning Regulation shall be commenced by a filing of an Enforcement Complaint by the Zoning Inspector.
    (b) The hearing officer shall schedule a date and time for the hearing at least thirty (30) days from the date of receipt of the Complaint from the Zoning Inspector.  In special circumstances, the Zoning Inspector may request an expedited hearing date provided all personal service requirements have been met.
    (c) The Zoning Inspector shall personally serve notice on the defendant at least five (5) days prior to the hearing.
    (d) If the Zoning Inspector is unable to personally serve the notice, the notice may be served in the same manner prescribed for alternative methods of service by the Arizona Rules of Civil Procedure which provide for mailing a copy of the summons and of the complaint, by first-class mail, postage prepaid, to the person to be served, together with two copies of a notice and acknowledgement of receipt of summons and complaint, and a return envelope, postage prepaid, addressed to the sender.  Where the person to be served is one whose residence is unknown to the party seeking service but whose last known residence address was within the state, or has avoided service of process, and service by publication is the best means practicable under the circumstances for providing notice of the institution of the action, then service shall be made by publication in accordance with the requirements of this subpart.  In the event that the Zoning Inspector is unable to serve the notice, the hearing officer shall re-schedule the hearing for a date and time sufficient to allow an alternative form of service.

RULE 4 - AMENDING THE COMPLAINT
    (a) The hearing officer may permit a Complaint to be amended at any time before judgment if no additional or different violation is charged and if substantial rights of the defendant are not thereby prejudiced.
    (b) The Complaint may be amended to conform to the evidence adduced at the hearing if no additional or different violation is charged thereby and if substantial rights are not thereby prejudiced.
    (c) All amendments to a Complaint relate back to the date the Complaint was issued.

RULE 4.1 - VOLUNTARY DISMISSAL
    The County may request, in writing, that the hearing officer dismiss a Complaint.  All such requests shall be filed prior to the date of hearing.  Any dismissal granted under this Rule shall be without prejudice.

RULE 5 - NOTICE OF COUNSEL OR OTHER DESIGNATED REPRESENTATIVE
    The Zoning Inspector shall provide the defendant as part of the prior notice of hearing date, time, and place, written notice of his right to be represented by any other designated representative.

RULE 6 - REPRESENTATION BY ATTORNEY
    The county attorney may present evidence on behalf of the Zoning Inspector.

RULE 7 - DISCOVERY
    At least one week prior to the hearing, both parties shall produce for inspection by the opposing party any prepared exhibits and written or recorded statements of any witness which may be offered at the hearing.  Failure to comply with this Rule may result, at the hearing officer's discretion, in the sanction of granting a recess or continuance to permit such inspection or denying admission of the evidence not so exchanged.

RULE 8 - CONTINUANCE
    (a) The hearing officer may, upon any motion of any party or on his own motion, continue the hearing for a period not exceeding thirty (30) days, if it appears that the interests of justice so require.
    (b) Absent extraordinary circumstances, no hearing shall be continued by the hearing officer without notice to both parties.
    (c) The hearing officer shall notify both parties in writing of the new hearing date.

RULE 9 - QUESTIONING OF WITNESSES
    (a) All testimony shall be given under oath or affirmation.
    (b) The hearing officer may, of his own motion, call and examine witnesses, including the defendant.
    (c) No person may be examined at a hearing except by the hearing officer, the defendant, the defendant's attorney or a representative designated by the defendant, the zoning inspector, or the county attorney.

RULE 10 - RULES OF EVIDENCE
    The Arizona Rules of Evidence shall not apply before the hearing officer.  Any evidence offered may be admitted subject to a determination by the hearing officer that the offered evidence is relevant and material and has some probative value to a fact at issue.  Nothing in this Rule is to be construed as abrogating any statutory provision relating to privileged communications.

RULE 10.1 - SUBPOENAS
    (a) Either party may request the hearing officer or Clerk to issue subpoenas for the attendance of witnesses and/or production of documents pursuant to A.R.S. §12-2212.  The subpoena shall state the title of the action and command each person to whom it is directed to give testimony at the place and time listed.
    (b) A subpoena may be served by the sheriff, his deputies, or by any other person who is not a party and is not less than eighteen (18) years of age.  At the time of service, witness fees of one (1) day plus mileage shall be paid to the witness.

RULE 11 - WITNESSES
    All witnesses for the County's case-in-chief, including the defendant, shall be required to testify prior to the defendant's presentation.  A witness that has already testified may be called in rebuttal to testify to an issue raised by the defendant.

RULE 12 - ORDER OF PROCEEDINGS
    The order of proceedings shall be as follows:
        (a) Testimony of County's witnesses
        (b) Testimony of defense witnesses
        (c) Testimony of County's rebuttal witnesses, if any.
        (d) Testimony of defense rebuttal witnesses, if any.
        (e) Argument of the parties or their counsel or designated representative, if permitted by the hearing officer.
        (f) Ruling by the hearing officer.  The ruling shall include written findings, conclusions, and the opinion of the hearing officer.

RULE 13 - RECORD
    A record of the proceedings shall be made by audiotape.  In addition, a record of the proceedings may be made by a court reporter, if provided by the defendant at the defendant's expense.

RULE 14 - DEFAULT BY COUNTY
    If no witness for the County, excluding the defendant, appears at the time set for the hearing, the hearing officer shall dismiss the Complaint unless the hearing officer, for good cause shown, continues the hearing to another date.

RULE 15 - FAILURE TO COMPLY WITH ORDER
    If the defendant, after hearing, is found responsible for the zoning violation, the hearing officer shall enter judgment for the County and impose a civil sanction established by the Board of Supervisors, such sanction to be within the range authorized by the Board of Supervisors as may be appropriate.

RULE 15.1 - FAILURE TO COMPLY WITH ORDER
    If the defendant fails to comply with the order entered by the hearing officer and the defendant has failed to file an appeal of said order, then the County may file a legal proceeding with the Superior Court setting forth the facts relating to the defendant's non-compliance and request the Superior Court to enter an Order to Show Cause.  At any hearing on an Order to Show Cause, the only issue before the Court is compliance with the order entered previously.

RULE 16 - DEFAULT
    (a) If the defendant fails to appear at the hearing as provided by these rules, the allegations of the Complaint shall be deemed admitted, and the hearing officer shall enter judgment for the County, and impose a civil sanction and report such judgment to the zoning inspector and the defendant.
    (b) If it appears from the face of the Complaint that the defendant was in the active military service, no default judgment may be entered.  In such cases, the hearing officer may notify the defendant's commanding officer, if known, of the defendant's failure to appear.

RULE 17 - NOTICE OF RIGHT TO APPEAL
    Immediately following judgment and imposition of civil sanction after hearing, the hearing officer shall advise the defendant of his/her right to a review of the decision by the Board of Supervisors.  He/she shall be informed that a right to review the decisions exists, the applicable time limit, and the location and manner of filing the request for review, and shall refer the defendant to these rules governing the review process by the Board of Supervisors.

RULE 18 - SETTING ASIDE DEFAULT JUDGMENT
    (a) For good cause shown, and upon terms the hearing officer deems just, the hearing officer may set aside a default judgment entered under Rule 16.  A motion to set aside the judgment shall be made in writing within thirty (30) days after entry of judgment.
    (b) At any time the hearing shall set aside a default judgment entered upon failure to appear if it appears to the hearing officer that the named defendant was not served a copy of the Complaint, or for any other reason where necessary to prevent manifest injustice.

RULE 19 - APPELLATE REVIEW
    A party dissatisfied with a final Order or Judgment of the hearing officer, including the Zoning Inspector, may request a review by the Board of Supervisors.
        (a) The party requesting review shall file a written Notice of Request for Review with the Clerk of the Hearing Officer (or Hearing Officer if there is no Clerk) within ten (10) days after entry of the final Order of Judgment.
        (b) The notice shall identify the Order of Judgment appealed from.  It shall be signed by the appellant, his attorney, or his designated representative, and shall contain the names, addresses and telephone numbers of all parties and their attorneys or his designated representative.
        (c) The original, plus one (1) copy of the Notice of Request for Review, shall be filed with the Clerk or Hearing Officer.  The Hearing Officer shall serve the copy on the other party, their attorney or designated representative.
        (d) If any of the parties files an appeal, opposing parties can submit a cross appeal within 10 days delineating any additional issues to be considered under the appeal.

RULE 20 – RECORD ON APPEAL
    The review shall be limited to the record of the proceedings before the hearing officer, and no new evidence may be introduced.  The record of proceedings shall include all pleadings and orders in the hearing officer's file, all evidence submitted at the hearing, and the audiotape required by Rule 13.
    If the Board of Supervisors determines that a transcript of the audiotape is necessary, a transcript shall be prepared at the appellant's expense.  A trial de novo (new trial) is not permitted.

RULE 21 – TRANSMISSION OF RECORD
    (a) Upon receipt of the Notice of Request for Review, the hearing officer shall, within twenty (20) days, prepare and transmit the record to the Clerk of the Board of Supervisors.
    (b) The parties may stipulate that the review may be on less than a complete record or upon stipulated facts.  The designation of the stipulated record shall be in writing, filed with the hearing officer within ten (10) days after the Notice of Request for Review is filed.
    (c) Upon transmission of the record, the hearing officer shall send notice by mail to all parties that the record has been transmitted and stating that the appellate memoranda are due within ten (10) working days.

RULE 22 – APPELLATE MEMORANDA
    Either party may file a written memorandum as to why the Board should affirm, modify, or reverse the final Order of Judgment being reviewed.  The memorandum may not raise new facts or issues not before the hearing officer.
        (a) Each party shall file the original, plus three (3) copies, with the Clerk of the Board of Supervisors.
        (b) No memorandum shall exceed five (5) pages.

RULE 23 – NOTICE OF REVIEW
    Upon receipt of the record from the hearing officer, the Clerk of the Board of Supervisors shall set a date for the review and mail the parties a written notice of the time and place of the review.  The notice shall be mailed not less than five (5) days prior to the Board of Supervisors meeting at which the matter will be heard.

RULE 24 – DISPOSITION OF THE BOARD OF SUPERVISORS
    The defendant and Zoning Inspector, or their designated representatives will have the opportunity to present oral arguments to the Board of Supervisors.  Each party will be given not more than ten (10) minutes to present their oral arguments.
    After consideration of an appeal, the Board of Supervisors may increase, decrease, or modify any sanction imposed by the hearing officer and may:
        (a) Affirm the action of the hearing officer;
        (b) Affirm any part and reverse in part and, if necessary, remand for further proceedings; or
        (c) Reverse the action of the hearing officer and, if necessary, remand for further proceedings.
    Written notice of the formal action by the Board of Supervisors shall be delivered or mailed by certified mail to all parties within ten (10) days of their decision.  All decisions shall be final.

RULE 25 – APPEAL TO THE SUPERIOR COURT
    Judicial review of the final decision of the Board of Supervisors shall be pursuant to Arizona Revised Statutes, Title 12, Chapter 7, Article 6.