(A) Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses.
(B) Oral evidence. Oral evidence shall be taken only on oath or affirmation.
(C) 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 action in courts of competent jurisdiction in this state.
(D) Admissibility of evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely upon in the conduct of serious affairs.
(E) Exclusion of evidence. Irrelevant and unduly repetitious evidence shall be excluded at the discretion of the Indio Consolidated Appeals Board.
(F) Rights of parties. Each party shall have these rights, among others:
(1) To call and examine witnesses on any matter relevant to the issues of the hearing;
(2) To introduce documentary, photographic, and physical evidence;
(3) To question opposing witnesses on any matter relevant to the issues of the hearing;
(4) To impeach any witness regardless of which party first called him to testify;
(5) To rebut the evidence against that party first called to testify;
(6) To represent him/herself or to be represented by an attorney.
(G) Official notice.
(1) What may be noticed. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state.
(2) Parties to be notified. Parties present at the hearing shall be informed of the matters to be noticed.
(3) Opportunity to refute. Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the officially noticed matters by evidence or by written or oral presentation of authority.
(4) Inspection of the premises. The Indio Consolidated Appeals Board may inspect any or all premises involved in the appeal during the course of the hearing; provided that (1) notice of such inspection shall be given to the parties before the inspection is made; (2) the parties are given an opportunity to be present during the inspection; and (3) the Indio Consolidated Appeals Board shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn. Each party then shall have a right to rebut or explain the matters so stated by the Board of Appeals.
(Ord. 1226, passed 8-5-98; Am. Ord. 1589, passed 3-16-11)