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Article 3.
Rules Governing Conduct of Judicial or Quasi-Judicial Proceedings
Rules Governing Conduct of Judicial or Quasi-Judicial Proceedings
The purpose of this article is to provide rules for the conduct of judicial and quasi-judicial hearings before the Board to the end that matters can be expeditiously processed and, when a hearing is required by law, the party will have notice of the hearing and an opportunity to appear before the Board and present his case. (Rule 41, Ord. 555)
Proceedings shall be initiated by application. The application shall be filed with the Clerk of the Board. The application shall set forth specific facts of the matter in sufficient detail to notify the parties of the nature of the proceeding to place the parties upon notice as to how any proposed action may affect their interest so that they may formulate their defense or opposition without being subjected to surprise. The application shall contain the name and address of the applicant and, to the extent known by the applicant, of all parties. (Rule 44, Ord. 555)
At its next regular meeting after the filing of the application, the Board shall set a date for a hearing thereon and shall give notice thereof to the applicant and to all parties disclosed in the application. A notice shall be given by mail, addressed to the party at the address set forth in the application or other address known to the Clerk of the Board, and shall be deposited in the United States mail, postage prepaid, at least five (5) days prior to the date of the hearing. (Rule 45, Ord. 555)
(a) Basic standard. All hearings shall be full and fair in a substantial sense so that all necessary parties shall be afforded ample opportunity to make a showing fairly adequate to establish the propriety or impropriety, from a standpoint of justice and law, of the action proposed to be taken, giving the parties an opportunity to present in a deliberate, regular, and orderly manner issues of law and fact.
(b) Disqualification.
(1) Unless a quorum is broken thereby, any member of the Board who has a personal interest or bias in the matter shall disqualify himself.
(2) Mess a quorum is broken thereby, upon a showing of personal interest or bias, the Board shall order the disqualification of a member.
(3) Only members of the Board who have heard the whole matter may participate in the decision.
(c) Records.
(1) The Clerk of the Board shall cause all testimony to be summarized and shall receive and mark all exhibits.
(2) Any party may provide and pay the compensation for a shorthand reporter. A transcript of the testimony taken by a certified shorthand reporter so provided shall constitute the official record of testimony.
(d) Continuances. The Board may order the hearing continued from time to time without notice. (Rule 47, Ord. 555)
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