(A) Upon receipt of a request for hearing, the Review Commission shall set a time and place for hearing and shall give the appellant written notice thereof. The hearing shall be commenced within thirty (30) days after a request has been filed. At such hearing, the appellant shall be given an opportunity to be heard and to show cause why the notice appealed from should be modified, or withdrawn. The failure of the appellant or a legal representative to appear and participate in the hearings shall have the same effect as if no request was filed.
(B) The Review Commission shall regulate the course of the proceedings in a manner which will promote the orderly and prompt conduct of the hearing.
(C) To the extent necessary for the full disclosure of all relevant facts and issues, the Review Commission shall afford all parties the opportunity to respond, present documentary or tangible evidence, conduct cross-examination, and submit rebuttal evidence.
(D) Any party to a hearing may participate in person or may be represented by counsel.
(E) If a party fails to attend, or participate in a hearing, the Review Commission may adjourn the proceedings, and issue a default order upholding the notice.
(F) All testimony shall be made under oath or affirmation. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. All testimony shall be accurately and completely recorded. Any person, upon request, may receive a copy of the recording, provided, however, that the party making the request shall be responsible for the cost of any transcript or copy.
(G) Any part of the evidence may be received in written form if doing so will expedite the hearing without substantial prejudice to the interests of any party, or if such practice is authorized by statute. Any party shall have the right, upon reasonable request, to inspect the documentary or tangible evidence relating to a hearing, either in person or through counsel. Copies of documentary evidence may be obtained by parties upon the payment of a fee, except where disclosure is protected by state or federal law.
(H) Objections to evidentiary offers may be made by any party and shall be noted in the record.
(I) The Review Commission may take official notice of any matter of which a court of the Commonwealth of Kentucky may take such notice.
(J) After a hearing, the Review Commission may sustain, modify, or withdraw the notice appealed from by a majority vote, and the appellant shall be notified in writing by certified mail of such action.
(Ord. 2009-07, passed 6-23-09)