(a) Every witness before testifying shall take an oath or make an affirmation.
(b) The County department whose decision is being appealed shall present evidence that explains why the license or permit appellant applied was denied or why appellant's existing license or permit should be suspended or revoked.
(c) The appellant shall present evidence that supports appellant’s contention that the County department's determination to deny the license or permit or to suspend or revoke the license or permit is erroneous.
(d) Each party shall have the right to: call and examine witnesses, introduce exhibits, cross-examine opposing witnesses on any matter relevant to the issues, impeach any witness regardless of which party first called the witness to testify and rebut the evidence against the party. The County department may call and examine the appellant or any employee or agent of the appellant as a witness during the department's case in chief or during the department's rebuttal case. The hearing officer may examine the appellant or any of the appellant's employees or agents as if under cross-examination.
(e) Strict rules of evidence shall not apply. Evidence that might otherwise be excluded under the Evidence Code may be admissible if the hearing officer determines that it is relevant and of the kind that reasonably prudent persons rely on in making decisions. All rules of privilege recognized by the Evidence Code, however, apply to the hearing. The hearing officer shall also exclude irrelevant and cumulative evidence.
(f) The hearing shall be conducted in English. If the appellant or any of appellant's witnesses require an interpreter, one will be provided by the County as provided by Board Policy A-139. The appellant shall be responsible to provide a State certified interpreter at appellant's expense for any language not covered by Board Policy A-139.
(Added by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10712 (N.S.), effective 2-11-21; amended by Ord. No. 10818 (N.S.), effective 1-12-23)