(A) General.
(1) Hearing. The hearing shall be before a minimum of three members of the Board who shall designate one of its members to preside at the hearing.
(2) Record. A record of the entire proceedings shall be made by tape recording, or by any other means of permanent recording determined to be appropriate by the Board.
(3) Continuances. The Board may grant continuances for good cause shown.
(4) Reasonable dispatch. The Board and its representatives shall proceed with reasonable dispatch to conclude any matter before it. Due regard shall be shown for the convenience and necessity of any parties or their representatives.
(B) Form of hearing. The notice to appellant shall be substantially in the following form, but may include other information:
"You are hereby notified that a hearing will be held before the Board of Appeals at on the _____ day of ___________, 20__, at the hour __________ upon the notice and order served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. The Board may consider written reports, photographs and testimony."
(C) Conduct of hearing.
(1) Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses.
(2) Oral evidence. Oral evidence shall be taken only on oath or affirmation.
(3) Hearsay evidence. 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 objection in civil actions in courts of competent jurisdiction in this state.
(4) Admissibility of evidence. Any relevant evidence shall be admitted if it is the type 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 the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.
(5) Exclusion of evidence. Irrelevant and unduly repetitious evidence shall be excluded.
(6) Rights of parties. Each party shall have these rights, among others:
(a) To call and examine witnesses on any matter relevant to the issues of the hearing;
(b) To introduce documentary and physical evidence;
(c) To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;
(d) To impeach any witness regardless of which party first called him or her to testify;
(e) To rebut the evidence against him or her;
(f) To represent himself or herself or to be represented by anyone of his or her choice who is lawfully permitted to do so.
(7) Inspection of the premises. The Board may inspect any building or premises involved in the appeal during the course of the hearing, provided that (i) notice of such inspection shall be given to the parties before the inspection is made, (ii) the parties are given an opportunity to be present during the inspection, and (iii) the Board shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the Board.
(D) Method and form of decision.
(1) Hearing before Board. No member of the Board of Appeals who did not hear the evidence shall vote on or take part in the decision.
(2) Form of decision. The decision shall be in writing and shall contain findings of fact, a determination of the issues presented, and the requirements to be complied with. A copy of the decision shall be delivered to the appellant personally or sent to him or her by certified mail, postage prepaid, return receipt requested.
(3) Effective date of decision. The effective date of the decision shall be as stated therein.
(Ord. 295, passed 2-4-08)