(A) Appearances.
The applicant or any party in interest may appeal in person or by agent or attorney. The BAR may postpone or proceed to dispose of the matter on the records before it in the absence of an appearance on behalf of an applicant.
(B) Witness.
Parties in interest may present testimony under oath. Witnesses may be compelled to attend by subpoena requested at least ten (10) days prior to a hearing and signed by the chairman. The BAR may call its own witness when deemed appropriate.
(C) Cross-Examination.
No party shall have the right to cross-examine witnesses; however, the opportunity to examine opposing witnesses may be freely extended when conducted in an orderly manner. Intimidation of witnesses will not be allowed.
(D) Evidence.
Relevant documents, photographs, maps, plans, drawings, etc. will be received in the record without authentication in the form of legible copies. Relevant testimony that is not cumulative or hearsay will be received. The Chairman will rule on all evidentiary matters. Evidence may be placed in the record with an objection noted.
(E) Conduct of Hearing.
Conduct of Hearing: The normal order of hearing, subject to modification by the Chairman, shall be:
(1) Statement of matter to be heard ( Chairman or secretary).
(2) Presentation by applicant (five (5) minute limit).
(3) Presentation by official appealed (five (5) minute limit).
(4) Presentation by opponents (five (5) minute limit).
(5) Rebuttal by applicant (three (3) minute limit).
(6) Un-sworn public comment when appropriate.
(7) The BAR may question participants at any point in the hearing.
(8) Matters in which additional time is granted may be moved to the end of the agenda.
(F) Disposition.
The BAR may deliberate and make a final disposition of the matter by majority vote of the members present at the hearing and qualified to vote; provided that not less than a quorum are qualified to vote. The vote may be taken at the same or subsequent meeting. A member may not vote on a matter the member has not heard. Deliberations shall be conducted and votes taken in public.
(G) Form of Order.
Any order issued disposing of a matter by granting or denying relief with such conditions as may be deemed necessary; or affirming, modifying, or reversing an administrative decision. A matter may be dismissed for lack of jurisdiction or prosecution. Findings of fact and conclusions of law shall be separately stated in an order.
(H) Service of Order.
The Code Enforcement Director shall deliver a copy of an order to each party in interest by certified mail immediately upon execution of the order by the Chairman.
(I) Rehearing.
The BAR may grant a rehearing of an applicant which has been dismissed or denied upon written request filed with the Code Enforcement Director within fifteen (15) days after delivery or the order accompanied by new evidence which could not reasonably have been presented at the hearing, or evidence of a clerical error or mutual mistake of fact affecting the outcome.