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Hearings need not be conducted according to technical rules relating to evidence and witnesses.
(a) Oral Evidence – Oath. Oral evidence shall be taken only on oath or affirmation.
(b) Rights of Parties. Each party shall have these rights:
1. To call and examine witnesses;
2. To introduce exhibits;
3. To cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination;
4. To impeach any witness regardless of which party first called the witness to testify;
5. To rebut the evidence against them.
(c) Failure of respondent to Testify. If respondent does not testify in their own behalf the respondent may be called and examined as if under cross-examination.
(d) Test of Relevancy. Any relevant evidence shall be admitted if it is the sort 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.
(e) 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.
(f) Privilege. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil action.
(g) Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded.
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 the State.
(a) Parties to be Notified – Record. Parties present at the hearing shall be informed of the matters to be noticed, and these matters shall be noted in the record, referred to therein, or appended thereto.
(b) 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, the manner of such refutation to be determined by the Board or the hearing examiner.
The Board or hearing examiner may order amendment of the accusation after submission of the case for decision. Each party shall be given notice of the intended amendment and opportunity to show that the party will be prejudiced thereby unless the case is reopened to permit the introduction of additional evidence in the party’s behalf. If such prejudice is shown, the Board or hearing examiner shall reopen the case to permit the introduction of additional evidence.
(a) Hearing Before Board Itself. Where a contested case is heard before the Board itself, no member thereof who did not hear the evidence or has not read the record or proceedings shall vote on the decision.
(b) Hearing Before Examiner. If a contested case is heard by a hearing examiner alone, the hearing examiner shall, within 30 days, submit a written report to the Board. Such report shall contain a brief summary of the evidence considered and shall state the examiner’s conclusions and recommendations. The report shall contain a proposed decision, in such form that it may be adopted by the Board as its decision in the case. All examiners’ reports shall be filed by the Board as a public record. A copy of such proposed decision so filed shall then be mailed to each party.
(c) Consideration of Report by Board – Notice. The Board shall fix a time when the Board will consider the report. Notice thereof shall be mailed to each interested party not less than 12 days prior to the date fixed, unless it is otherwise stipulated. (Amended by Ord. No. 161,747, Eff. 12/14/86.)
(d) Exceptions to Report. Not later than six days before the date to consider the report any party may file written exceptions to any part or all of the Examiner’s report and may attach thereto a proposed decision together with written arguments in support of such decision. By leave of the Board, any party may present oral argument to the Board. (Amended by Ord. No. 161,747, Eff. 12/14/86.)
(e) Disposition by Board. The Board may adopt or reject the proposed decision in its entirety, or may increase or reduce the proposed penalty and may adopt the balance of the proposed decision of the hearing examiner.
(f) Proposed Decision Not Adopted. If the proposed decision is not adopted as provided in Subsection (e), the Board may decide the case upon the record including the transcript either in whole or in part, with or without taking additional evidence, or may refer the case to the same or another hearing examiner to take additional evidence. If the case is so assigned to a hearing examiner, the hearing examiner shall prepare a report and proposed decision as provided in Subsection (b) upon the additional evidence and the transcript and other papers which are part of the record of the prior hearing. Consideration of such proposed decision by the Board shall comply with the provisions of this section.
(Title and Section Amended by Ord. No. 169,658, Eff. 5/8/94.)
(a) Police Permit Review Panel. There is hereby established a panel known as the Police Permit Review Panel.
(b) Membership of the Panel. (Amended by Ord. No. 173,283, Eff. 6/26/00, Oper. 7/1/00.) The Police Permit Review Panel shall be composed of seven members, at least two of which shall have expertise which is relevant to the regulation of charitable organizations and the various activities in which they engage. Panel members shall be appointed and may be removed in accordance with Charter Section 502. In the case of a vacancy during the term of office of any member, the same shall be filled by appointment by the Mayor for the period of the unexpired term subject to the approval of the Council by a majority vote. The members of the Panel shall be exempt from all Civil Service provisions.
(c) Compensation and Term of Office. Each member of the Panel shall be paid $50.00 per meeting attended, but not to exceed $250.00 in any one calendar month.
The terms of office of the members of the Panel shall be five years beginning with the first day of July of the respective years, except that the terms of office of the original five members of the Panel appointed pursuant to this subsection shall be such that one term shall expire on the first June 30, one term shall expire on the second June 30, one term shall expire on the third June 30, one term shall expire on the fourth June 30, and one term shall expire on the fifth June 30 next following the effective date of the appointment of the original five members. Thereafter, the terms of the succeeding members shall be so designated that the term of office of one member shall expire each year. The period of term of each member shall be designated in the appointment.
(d) Hearing before the Panel. (Amended by Ord. No. 173,283, Eff. 6/26/00, Oper. 7/1/00.) The Board may refer to the Police Permit Review Panel any matter within the Board’s jurisdiction relating to the issuance, denial, suspension, revocation, or conditioning of any permit, or relating to the endorsement or approval of any charitable organization, or similar matter. Once the matter is referred to the Panel, the members thereof shall consider any report and shall exercise all of the powers and have all of the duties of the Board with respect to the case.
The decision shall be in writing and shall contain findings of fact, a determination of the issues presented and the penalty, if any. The findings may be stated in the language of the pleadings or by reference thereto. Copies of the decision shall be delivered to the respondents personally or sent to them by registered mail.
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