(A) Hearings will be informal and conducted by the Mayor who will act as Chairperson. The intent is an inquiry into the facts, not an adversary action.
(B) The governing body shall not be bound by the strict rules of evidence, and shall have full authority to control the procedures of the hearing including the admission or exclusion of testimony or other evidence. The governing body may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent individuals in the conduct of their affairs. The Chairperson may limit testimony where it appears incompetent, irrelevant or unduly repetitious.
(C) The order of proceedings is as follows:
(1) Presentation of evidence, witnesses and arguments on behalf of the applicant;
(2) Cross-examination by the members of the governing body and Municipal Attorney and opposition to the applicant;
(3) Presentations of evidence, witnesses and arguments by those in opposition to the applicant;
(4) Cross-examination by the members of the governing body and Municipal Attorney and by the applicant;
(5) Rebuttal evidence by both parties; and
(6) Summation by both parties.
(D) In all cases, the burden of proof and persuasion shall be on the party filing the application.
(E) Any member of the governing body may question any witnesses, call witnesses or request information.
(F) All witnesses shall be sworn.
(G) The governing body may make further inquiry and investigation following the hearing.
(1999 Code, § 10-605)