All hearings before the Council or any commission, board, committee,
or officer of the City where findings of fact are required shall be
held in the manner set forth in this chapter.
(§ 1, Ord. 449, eff. March 18, 1982)
Notice of the time, date, and place of the hearing shall be
mailed to all parties at least 10 days prior to the date of the hearing.
(§ 1, Ord. 449, eff. March 18, 1982)
For the purpose of such hearing, the Council may appoint any
qualified Hearing Officer to take evidence and summarize the evidence
presented and report the findings and recommendations based on such
evidence to the Council, or the Council, board, commission, committee,
or officer may itself take such evidence. The Council may adopt such
other rules and procedures as it determines may be necessary by resolution.
(§ 1, Ord. 449, eff. March 18, 1982)
The following rules of evidence shall apply:
(a) Oral
evidence shall be taken only on oath or affirmation.
(b) Each
party shall have the following rights: to call and examine witnesses,
to introduce exhibits, to crossexamine opposing witnesses covered
in the direct examination, to impeach any witness, regardless of which
party first called for testimony, and to rebut the evidence. If the
respondent does not testify in his or her own behalf, the respondent
may be called and examined as if under cross-examination.
(c) The
hearing need not be conducted according to technical rules relating
to evidence and witnesses. Any relevant evidence shall be admitted
if it is the sort of evidence on which responsible persons are accustomed
to rely in the conduct of serious affairs, regardless of the existence
of any common law or statutory rule which might make improper admission
of such evidence over an objection in civil actions. Hearsay evidence
may be used for the purpose of supplementing or explaining any direct
evidence but shall not be sufficient in itself to support a finding,
unless it would be admissible over an objection in civil actions.
The rules of privilege shall be effective to the same extent they
are now or hereafter may be recognized in civil actions, and irrelevant
and unduly repetitious evidence shall be excluded.
The Mayor, at the request of the issuing officer or the applicant,
or their attorneys, shall issue subpoenas or subpoenas duces tecum
to compel the attendance of witnesses at such hearings.
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(§ 1, Ord. 449, eff. March 18, 1982)