(A) Conduct Of Public Hearings:
1. Public hearings will be conducted at meetings of the body conducting the hearing, or at other such times as decided by the chairperson with the approval of a majority of the body conducting the hearing.
2. A complete record for each public hearing will be distributed with the agenda for the next regular meeting, or as soon as a transcript is available.
3. The procedure for public hearings shall be as follows:
(a) Call to order and roll call.
(b) The chairperson opens the public hearing for the application(s).
(c) The chairperson presents a brief explanation of the public hearing procedure and swears in those wishing to give testimony.
(d) The secretary of the body conducting the hearing presents the application:
(1) The secretary enters the application into the record by describing each accompanying exhibit with its title and number.
(2) The secretary reads any part of the application or exhibits deemed necessary, or requested by a member of the body conducting the hearing or audience member.
(e) Applicant presents testimony regarding the petition and associated applications. The initial oral presentation by the applicant shall be limited to ten (10) minutes for simple applications and thirty (30) minutes for complex applications. The chairperson may permit an extension of time if he/she determines that the allotted time does not provide sufficient opportunity to fairly present the application.
(f) Questions are directed to the applicant by the body conducting the hearing and public hearing attendees.
(g) Presentation of testimony from others regarding the petition and associated applications.
(h) Rebuttals.
(i) Followup questions from the body conducting the hearing.
(j) Discussion of evidence gathered relative to the findings of fact by the body conducting the hearing.
(k) Hearing closed or continued by the approval of a motion of the body conducting the hearing. If the hearing is closed, the body conducting the hearing shall not accept any comment regarding the petition from outside parties, except:
(1) A staff report based on evidence presented at the public hearing.
(2) Any person presenting information in response to a specific question from the body conducting the hearing.
(3) Any person presenting testimony that directly rebuts sworn testimony presented at the hearing.
(B) Continuances: The chairperson, with approval of the body conducting the hearing, may change or continue the regular public hearing date and time. In order to reopen the hearing, no new notice shall be required if a hearing is continued to a date specified, provided that a public announcement of the future date, time, and place of the continued hearing is made at the hearing and placed in the minutes. If the hearing is adjourned, rather than continued to a date specified, in order to reopen the hearing all notices must be given that would have been required for the initial public hearing.
(C) Evidence And Testimony:
1. All interested parties may appear for themselves or be represented by a person of their choosing. Written statements will be accepted prior to the hearing to be entered into the public hearing record.
2. All testimony and evidence shall be given under oath or by affirmation. Any person may appear at a hearing and submit evidence, upon receiving recognition from the chairperson of the body conducting the hearing. Each person who submits evidence shall identify themselves and their address. Any person may ask relevant questions of other witnesses, but only through the chairperson and at the discretion of the chairperson.
3. The chairperson, with consent of a two-thirds (2/3) majority of the body conducting the hearing, may limit testimony to a specific amount of time to provide a reasonable opportunity for all interested persons to testify.
4. The body conducting the hearing is not bound by strict rules of evidence, but the chairperson may exclude irrelevant, immaterial, incompetent, or unduly repetitious testimony or evidence. (Ord. 2006-37, 12-21-2006)