A. The hearing shall be conducted informally and the technical rules of evidence shall not apply; provided, that the decision of the hearing officer shall in all cases be based upon substantial and reliable evidence. All parties shall have the right to be represented by counsel, to present evidence and testimony in support of their position and to cross-examine adverse witnesses. All witnesses shall be placed under oath before testifying.

B. The burden of proof shall be by a preponderance of the evidence, and shall at all times be upon the person or persons challenging the possession of the party from whom the property was taken by the Town’s Police Department, even if the party from whom the property was taken does not appear at the hearing. If the property was not seized by the Town’s Police Department, the burden of proof shall at all times be upon the person or persons challenging the party who currently possesses the property subject to the hold.

C. The hearing shall be recorded electronically or by other means.

D. The decision of the hearing officer shall be issued within ten (10) calendar days of the close of the record. The decision shall be in writing, and shall be mailed postage prepaid to each respondent or claimant appearing. A copy of the decision shall also be sent to the Town Police Department.

E. The decision of the hearing officer shall be final upon issuance. Any appeal must be filed in superior court. ((O)11-03, 02/02/2011)