(A) The Commission shall preside over all hearings hereunder and shall regulate the course of the proceedings in a manner which will promote the orderly and prompt conduct of the hearing.
(B) The Commission shall afford all parties the opportunity to respond, present evidence and argument, conduct cross-examination, and submit rebuttal evidence.
(C) Any party to a hearing may participate in person or be represented by counsel.
(D) Any party properly served with a notice of hearing who fails to attend or participate in the hearing may be held in default.
(E) Any party shall have the right to inspect, at least five (5) days prior to the hearing, a list of all witnesses the other party expects to call at the hearing, and the available documentary or tangible evidence relating to a hearing either in person or by counsel.
(F) At the hearing, the formal rules of evidence need not be observed provided that all evidence shall be of the type of evidence on which reasonable and prudent persons would rely in their daily affairs, and in any event does not deprive a party of due process of law.
(G) All hearings, evidence, testimony and pleadings before the Commission shall be subject to both the Kentucky Open Records Act and the Kentucky Open Meetings Act, including the confidentiality provisions of both Acts.
(H) At the hearing, the burden of proof and of going forward shall be on the party proposing to impose fines or other sanctions, to require remedial action, or to amend, modify, revoke, or suspend any existing permit or permit which is being renewed. The burden of persuasion shall be by a preponderance of the evidence. Proof that any amendment, modification, suspension or revocation of any existing permit or permit that is being renewed is expressly required by any federal or state statute or regulation to which the Commission or the Commission's activities are subject shall meet the burden of proof.
(Ord. 2001-12-06, passed 12-6-01)
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Cross reference:
Public records, see Ch. 25
Public meetings, see Ch. 26