(A) Appeals Board members shall conduct a public hearing on the appeal, listening to arguments and testimony from the appellant(s), permit holder(s), department representative(s), and from interested neighbors and other members of the public.
(B) Hearings shall not be conducted according to technical rules of evidence, however;
(1) Oral evidence shall be taken only on oath or affirmation.
(2) Any member of the Appeals Board or the Appeals Board Attorney has the power to administer oaths and affirmations.
(3) Any evidence shall be admitted if it is of 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 Kentucky.
(C) The order of business at the public hearing shall be as follows:
(1) The Chairperson calls the hearing to order;
(2) The Chairperson determines whether a quorum is present;
(3) If a quorum is present, the Chairperson gives a statement of the case and submits all correspondence and documents received to the record of the proceeding for the appellant and appellee;
(4) The appellant is given the opportunity to make an opening statement;
(5) The appellee is given the opportunity to make an opening statement;
(6) Following opening statements, the Chairperson shall recognize the appellant to proceed with the presentation of his or her case including, but not limited to, testimony of witnesses, expert witness and presentation of exhibits;
(7) Following the testimony of each witness, the appellee shall be given the opportunity to cross-examine each witness;
(8) The Chairperson shall then recognize the appellee to proceed with the presentation of his or her case including, but not limited to, testimony of witnesses, expert witness and presentation of exhibits;
(9) Following the testimony of each witness, the appellant shall be given the opportunity to cross-examine each witness;
(10) Each party has the right of rebuttal;
(11) The hearing is closed after all parties have been heard. If additional time is needed, the hearing may be continued at a later date. All participants should be notified of the date, time and place of the continued hearing.
(D) The Chairperson may waive any of the above rules if good cause is shown.
(Ord. 2019-1788, passed 10-10-19)