(A) Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses.
(B) Testimony. Testimony shall be taken only on oath or affirmation.
(C) Hearsay. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence.
(D) Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely on in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in a court of competent jurisdiction in this state.
(E) Exclusion of Evidence Irrelevant and unduly repetitious evidence shall be excluded.
(F) Rights of Parties. Each party shall have the rights provided by I.C. 36-7-9-1 et seq. including:
(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 exam opposing witnesses on any matter relevant to the issues of the hearing.
(4) To impeach any witness regardless of which party called the witness to testify.
(5) To rebut any evidence.
(6) To represent himself or to be represented by an attorney duly admitted to practice law in the State of Indiana.
(G) Inspection of Premises. The Town Council as the hearing authority may inspect any building or premises involved in a hearing during the course of the hearing provided that: (1) notice of such inspection shall be given to the parties before the inspection is made; (2) the parties are given the opportunity to be present during the inspection; and (3) the Town Council shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn therefrom.
(H) Official Notice.
(1) In reaching a decision, the Town Council as hearing authority may take official notice, either before or after submission of the case for decision, any fact or official record of any board or department of the town, the ordinance of the town, rules and regulations of the Town Council, and of any notices or inspections issued by or done by the town or any of its agents.
(2) All parties present at a 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) 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 such refutation to be determined by the Town Council.
(Ord. 02-04, passed 6-11-02)