The following rules are adopted by the city council, for the purpose of conducting a public hearing on site approval for a regional pollution control facility pursuant to an Order for the approval of pollution control facility siting in the city.
A. Rule 1. Evidence will be presented by the party requesting site approval first, followed by witnesses called by the city council, and members of the public in order of registration.
B. Rule 2. Witnesses for the party requesting site approval, the city representatives, and members of the public who present testimony or other evidence shall be sworn. Members of the public who wish to ask questions or comment on the proposal need not be sworn as a witness, and may be asked questions and cross-examined as provided in Rules 6 and 7.
C. Rule 3. Witnesses will remain at the hearing until excused by the hearing officer.
D. Rule 4. Evidence, questions and comments must be relevant to the subject matter of the hearing. The hearing officer may bar evidence, questions or comments which are not relevant, or which are scurrilous, slanderous or unnecessarily repetitive.
E. Rule 5. Formal rules of evidence will not apply, however, in addition to limiting evidence to relevant matters, the hearing officer may limit or exclude evidence which is not considered reliable. Reliable evidence shall mean evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. Comments or questions which include or imply a factual basis may, in the discretion of the hearing officer, be considered at the hearing without proof of such factual basis; provided the hearing officer shall notify the person so questioning or commenting that supporting factual evidence may be submitted in writing to the city clerk within thirty days of the hearing, and that in the absence of such supporting factual evidence the committee may afford little or no weight to the person's comments or questions.
F. Rule 6. The hearing officer may question each witness after his or her direct or redirect testimony. The party seeking site approval shall have the right to conduct cross-examination or redirect examination as appropriate. The hearing officer shall allow the party seeking site approval a reasonable opportunity to rebut evidence presented by witnesses and matters raised by members of the public.
G. Rule 7. After all testimony has been presented, members of the public will be invited to provide comments and questions the witnesses. Members of the public who wish to comment or ask questions are required to register by providing their full name and current address on a registration sheet
H. Rule 8. The hearing officer will call members of the public in the order in which the names appear on the registration sheet, and when called, each person will be allowed five minutes for questions and comments.
I. Rule 9. If a person requests additional time, at the expiration of the five minutes allowed, the hearing officer may extend the time up to ten additional minutes. A member of the public may request additional time whether or not his or her initial time to speak has been extended by the hearing officer.
J. Rule 10. Persons recalled will be heard in the same order as originally called, Rule 9 shall govern time limits, requests for extended time and extensions of time or recall
K. Rule 12. The party requesting site approval shall be allowed to make an opening statement prior to presenting evidence, and a closing statement at the conclusion of the comments and questions from members of the public.
L. Rule 12. When all members of the public have been allowed any time requested for comment and questions, the party seeking site approval shall make a closing statement, and there after the hearing may be adjourned by the hearing officer. At any time after all members of the public who registered have had their initial opportunity for comment and questions, and at least one opportunity on recall, public comment and questions may be concluded by the hearing officer and following a closing statement by the party seeking site approval, the hearing may be adjourned by the hearing officer.
(Ord. 93-18 (part), 1992)