(A) The proceedings shall be held in accordance with due process of law, including the following.
(1) At the proceedings (public hearing) before the Council, the applicant for low-income housing tax credits and the developer of the related proposal or project, if the developer is someone other than the applicant, may appear and be represented by legal counsel and shall be afforded an opportunity to present evidence, testimony of witnesses, documentary evidence and argument in support of the application and related proposal or project, including the right to respond to opposing evidence or argument through cross-examination of opposing witnesses or otherwise.
(2) At the conclusion of the applicant’s evidence, other witnesses who are unconnected with the application and the related proposal or project may appear to present evidence and argument in favor of or in opposition to the application and related proposal or project, including an opportunity to respond to any evidence or argument in opposition to the positions asserted by other witnesses. To expedite this process, Council shall provide an opportunity for the persons or entities desiring to participate in the hearing process to be identified at the start of the proceedings (public hearings).
(B) (1) In the event any person desires to present issues or matters in opposition to the application and related proposal or project not contained in the notice required by division (A)(2) above and the interest of justice requires admission of the issue or matters, the Council shall continue the hearing to a date certain (not less than ten days away) in order to allow a response to the issues or matters, subject to the right of the opponent of the evidence to waive this right of delay.
(2) In the alternative, the Council may rule the proposed new issue or matter out of order and continue with the hearing.
(2002 Code, § 35.49) (Ord. 350, passed 2-26-1996)