(A) Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses.
(B) Oral evidence. Oral evidence shall be taken only on oath or affirmation.
(C) 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 in courts of competent jurisdiction in this state.
(D) Exclusion of evidence. Irrelevant and unduly repetitious evidence shall be excluded.
(E) Rights of parties. Each party shall have these rights, among others:
(1) To call and examine witnesses on any matter relevant to the issue of the hearing;
(2) To introduce documentary and physical evidence;
(3) To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;
(4) To impeach any witness regardless of which party first called him or her to testify;
(5) To rebut the evidence against him or her; and
(6) To represent himself or herself or to be represented by anyone of his or her choice who is lawfully permitted to do so.
(F) Official notice.
(1) What may be noticed. 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 this state or of official records of the board or departments and ordinances of the county or rules and regulations of the Board.
(2) Parties to be notified. Parries 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.
(3) 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 the refutation to be determined by the Board or hearing examiner.
(4) Inspection of the premises. The Board or the hearing examiner may inspect any building or premises involved in the appeal during the course of the hearing, provided that:
(a) Notice of the inspection shall be given to the parties before the inspection is made;
(b) The parties are given an opportunity to be present during the inspection; and
(c) The Board or the hearing examiner shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the Board or hearing examiner.
(Ord. 97-342, passed 5-25-2005)