(a) Rights of All Persons. Any person may appear and testify at a public hearing, either in person or by a duly authorized agent or attorney, and may submit documentary evidence; provided, however, that the hearing body may exclude irrelevant, immaterial, or unduly repetitious evidence.
(b) Rights of Parties and Proximate Owners. Subject to the discretion of the hearing body, the applicant and any board, commission, department, or official of the Village, and any property owner entitled to written notice may exercise all of the following rights:
(1) Present their positions, arguments and contentions;
(2) Offer and examine witnesses and present evidence in support of positions, arguments and contentions;
(3) Cross-examine witnesses purporting to refute their position, arguments and contentions. The Board may limit the right of cross-examination to persons represented by counsel;
(4) Offer evidence and testimony in opposition to their positions, arguments and contentions;
(5) To examine and reproduce any documents produced at the hearing; and
(6) To have subpoenas issued by the body in charge of the hearing for witnesses to appear at the hearing and for the examination of documents by the person requesting the subpoena either before or during the hearing, where such persons or documents are shown to have a substantial evidentiary connection with:
A. The property to which the request applies;
B. Facts that would support or negate the legal standards for granting the request.
(7) To a continuance, upon request, for the purpose of presenting evidence to rebut evidence introduced by any other person;
(8) In determining whether to grant or withhold such rights, the discretion of the hearing body shall be governed by the goal of securing all information and opinion relevant and material to its deliberations. Such rights shall not be granted, however, when undue and unwarranted delay would result, or when to do so would tend to produce no new evidence to aid the hearing body in reaching its decision.
(c) Adjournment of Hearing. The body conducting the hearing may at any time, on its own motion or at the request of any person, adjourn the hearing for a reasonable time and to a fixed date, time, and place, for the purpose of giving further notice, taking further evidence, gathering further information, deliberating further, or for such other reason as the hearing body may find to be sufficient. The Secretary of the hearing body shall notify in writing all members of the hearing body, all parties to the hearing, and any other person designated on the vote of adjournment of the date, time, and place of the adjourned hearing.
(d) Right to Submit Written Statements. Any person may at any time prior to the commencement of
a hearing hereunder, or during such hearing, or within such time as may be allowed by the hearing body following such hearing, submit written statements in support of or in opposition to the application being heard.
(e) Board or Commission Rules to Govern. All other matters pertaining to the conduct of hearings shall be governed by the provisions of this Code pertaining to, and the rules promulgated by, the body conducting the hearing.
(Ord. 12-64. Passed 3-12-13.)