Administrative Hearing Officer

Purpose

The Administrative Hearing Officer (AHO) serves as an independent and impartial hearing official responsible for conducting administrative hearings involving municipal code violations, administrative citations, notices of violation, and other civil enforcement actions authorized by the City of Millersville. The AHO shall ensure hearings are conducted fairly and in accordance with applicable laws, ordinances, and due process requirements.

Scope of Services

• Conduct administrative hearings for matters authorized under the Millersville Municipal Code.
• Hear and decide appeals of administrative citations, notices of violation, and civil enforcement actions.
• Administer oaths and affirmations.
• Receive testimony and documentary evidence.
• Regulate the conduct of hearings and maintain orderly proceedings.
• Evaluate evidence presented by all parties.
• Determine whether violations have been established by a preponderance of the evidence.
• Issue written findings, orders, and decisions following hearings.
• Affirm, modify, or dismiss citations and notices of violation.
• Assess civil penalties, costs, fees, and compliance deadlines as authorized by ordinance.

Minimum Qualifications

• Attorney licensed to practice law in the State of Tennessee;
• Licensed building inspector, plumbing inspector, or electrical inspector;
• Licensed architect;
• Licensed engineer;
• Administrative Law Judge with the Administrative Procedures Division of the Tennessee Secretary of State's Office.

Training Requirements

• Complete initial Administrative Hearing Officer training through MTAS within six (6) months of appointment.
• Complete a minimum of six (6) hours of approved continuing education annually.

Independent Contractor Status

• The Administrative Hearing Officer shall serve as an independent contractor and shall not be considered an employee of the City of Millersville.
• The Administrative Hearing Officer shall not be eligible for any employee benefits, including but not limited to health insurance, retirement benefits, paid leave, or other benefits provided to City employees.
• The Administrative Hearing Officer shall be solely responsible for all applicable federal, state, and local taxes, licenses, certifications, insurance, and other obligations associated with the performance of services.
• The Administrative Hearing Officer shall not be subject to the City's personnel policies, procedures, or employee handbook except as required by applicable law or City ordinance.

Conflict of Interest

• The Administrative Hearing Officer shall disclose any actual or potential conflict of interest and shall recuse himself or herself from any matter in which impartiality could reasonably be questioned.
• The Administrative Hearing Officer shall avoid any activity that may create the appearance of impropriety or compromise the integrity of the hearing process.

Professional Liability Coverage

• The Administrative Hearing Officer shall maintain all licenses required to perform the duties of the position and shall maintain professional liability insurance, if applicable to the individual's profession.
• Proof of such insurance shall be provided to the City upon request.
• The Administrative Hearing Officer shall maintain all qualifications required by Tennessee law and City ordinance throughout the term of appointment.

Records and Confidentiality

• The Administrative Hearing Officer shall maintain all records associated with hearings and proceedings in accordance with applicable law, City ordinances, and records retention requirements.
• The Administrative Hearing Officer shall protect confidential information obtained in the course of performing services and shall not disclose such information except as authorized by law.
• All hearing records generated in the performance of services shall remain the property of the City.