The following rules shall govern the procedures for an administrative hearing.
(a) Hearings and administrative appeals shall be governed by the rules of civil procedure and the rules of evidence as set forth in the South Dakota Codified Laws (SDCL). However, the foundational requirements of SDCL 19-16-10 and SDCL 19-16-12 will not be required as long as the hearing examiner is reasonably satisfied regarding the source of the document(s).
(b) Oral evidence shall be taken only on oath or affirmation.
(c) The hearing examiner shall administer oaths or affirmations to witnesses.
(d) The city bears the burden of proof at the hearing. The standard of proof to be used by the hearing examiner is by a preponderance of the evidence.
(e) The proponent of any testimony to be offered by a party or witness who does not proficiently speak the English language shall provide an interpreter. The interpreter shall be approved by the independent hearing examiner conducting the proceeding as proficient in the English language and the language in which the witness will testify. The cost of the interpreter is to be paid by the party providing the interpreter.
(1992 Code, § 2-62) (Ord. 70-96, passed 6-17-1996; Ord. 53-11, passed 7-11-2011)