The appellant, the major organizational unit or agency, and any other party to an appeal shall have these rights among others:
(a) To call and examine witnesses on any matter relevant to the issue of the hearing;
(b) To introduce documentary and physical evidence;
(c) To cross examine opposing witnesses on any matter relevant to the issues of the hearing;
(d) To rebut evidence;
(e) To subpoena witnesses to appear and give testimony on that party’s behalf or to produce records, books, papers and documents relating to any matters related to the hearing. Any application for a subpoena shall be submitted to the hearing examiner for consideration at least ten days in advance of the hearing. The hearing examiner shall not unreasonably refuse to issue the requested subpoena. Any subpoena must be issued and served no later than five days before the scheduled time of the hearing. All costs related to the subpoena, including the witness fee and mileage fee at the rate provided by statute, SDCL ch. 19-5, shall be paid by the party requesting the subpoena;
(f) Any party who fails to appear at the hearing is deemed to waive the right to a hearing and the adjudication of the issues related to the hearing, provided that proper notice of the hearing has been provided; and
(g) The hearing examiner shall cause to be made a record of the hearing, either stenographically or by sound recording, and shall make available a recording of the hearing to any person upon request and payment in advance of the estimated cost of the recording.
(1992 Code, § 2-63) (Ord. 70-96, passed 6-17-1996; Ord. 53-11, passed 7-11-2011)