§ 25-5. Conduct of hearing.

(a)

Appointment of hearing officer. Within thirty (30) days after the service of the complaint on the respondent, or within ten (10) days after the county determines that any conciliation efforts have been exhausted, whichever is later, the county shall appoint a hearing officer that it deems to be qualified to hear wage theft matters. The hearing officer shall have the authority to administer oaths, issue subpoenas, compel the production of and receive evidence. Two (2) or more complaints may be consolidated into a single hearing if such complaint relate to the same respondent(s) and involve sufficiently similar allegations of fact to justify consolidation in the hearing officer's discretion.

(b)

Subpoenas.

(1)

Any party may request that a subpoena be issued by the hearing officer. Witnesses summoned by subpoena of the hearing officer shall be entitled to the same witness and mileage fees as are witnesses in proceedings in the county court. Fees payable to a witness summoned by subpoena issued at the request of a party shall be paid by the party.

(2)

Within ten (10) days after service of a subpoena upon any person, such person may petition the hearing officer to revoke or modify the subpoena. The hearing officer shall grant the petition if it finds that the subpoena requires appearance or attendance at an unreasonable time or place, that it requires production of evidence which does not relate to the matter, that it does not describe with sufficient particularity the evidence to be produced, that compliance would be unduly onerous, or for other good reason.

(3)

In the case of refusal to obey a subpoena, the hearing officer or any party may seek enforcement of a subpoena issued under the authority of this chapter by filing a petition for enforcement in the county court.

(4)

In any proceedings to enforce a subpoena authorized by this chapter, the court may award to the prevailing party all or part of the costs and attorney's fees incurred in obtaining the court order as authorized by the Florida Rules of Civil Procedures.

(c)

Hearing.

(1)

All parties shall appear at the hearing, and may submit evidence, cross-examine witnesses, and otherwise be heard. The hearing officer may allow persons to appear by telephone or video conference. Testimony taken at the hearing shall be under oath and a transcript shall be made available at cost to any interested party. The county may, at its discretion, utilize a court reporter or electronic recording device to create a verbatim record.

(2)

Upon motion, the hearing officer may permit discovery in any manner provided by the Florida Rules of Civil Procedure.

(3)

The hearing officer may direct that the parties submit a pre-hearing statement addressing the issues of law and fact that will be involved in such hearing, identify the witnesses that will testify, and provide a list of all documents or other types of exhibits that will be submitted.

(4)

The hearing officer may rule on a motion to dismiss the complaint for failure to state a cause of action under this chapter.

(5)

The burden of proof by a preponderance of the evidence rests upon the employee.

(d)

Presumption based on employer's duty to keep records. Employers must keep employment records, including hours worked, rates of pay, and compensation paid. Where a complainant employee presents sufficient evidence to raise a reasonable inference regarding the hours or amount of work performed, rate of pay, or compensation due, then the evidentiary burden shifts to the respondent employer.

(e)

Representation. Any person may be represented by counsel in any proceeding herein at that person's expense. Any party, including corporate entities, as an alternative to counsel, may be represented by a non-lawyer advocate authorized by that party in any proceeding herein at that party's expense, unless specifically disallowed by the hearing officer for good cause.

(f)

Applicability of Florida Rules of Civil Procedure. All papers or pleadings required by this chapter to be served may be served by certified mail or in accordance with Rule 1.080, Florida Rules of Civil Procedure. The provisions of Rule 1.090, Florida Rules of Civil Procedure, shall govern the computation of any period of time prescribed or allowed by this chapter or by rules, regulations, or orders adopted pursuant to this chapter.

(Ord. No. 2015-21, § 1, 3-16-15)