The Commissioner shall observe the following procedures in conducting hearings under this chapter:
(A) At all times every licensee shall be afforded due process which shall be construed to include the right to appear personally before the Commissioner or any hearing officer; the right to demand written specification of any charges against him or her a reasonable time in advance of any hearing; the right to employ and be represented by counsel during all proceedings; the right to testify on his or her own behalf or refuse to testify; the right to present witnesses on his or her behalf and to request that subpoenas be issued to compel the attendance of witnesses; the right to hear the witnesses and evidence against him or her; the right to cross-examine witnesses;
(B) At least three days prior written notice shall be given to a licensee of any hearings under this chapter;
(C) All witnesses that appear and testify shall be sworn;
(D) All hearings shall be informal in nature and strict rules of evidence shall not apply to hearings under this chapter. Evidence determined by the Commissioner to be irrelevant, immaterial or unduly repetitious may be excluded. Evidence may be admitted if it is a type commonly relied upon by reasonably prudent men in the conduct of their affairs;
(E) A complete verbatim record of all evidence, testimony, comments and proceedings of any public hearing shall be taken by a certified court reporter or certified shorthand reporter;
(F) Review of any proceeding conducted by the Commissioner shall be limited to a review of the official record of such proceedings. No new or additional evidence shall be admitted or considered by the reviewing tribunal, however, the Commissioner may reopen any hearing to receive new evidence not discovered or available at the original hearing;
(G) The cost of attendance at any public hearing of the certified court or shorthand reporter shall be paid by the village;
(H) No transcript of any public hearing need be prepared except for purposes of appeal or as required by the Commissioner. In the event of an appeal from any public hearing by a licensee, the licensee shall pay the cost to transcribe the official record for purposes of such appeal.
(Ord. 7-30, passed 5-9-07)