Sec. 2-1.302. Scope.

   Unless otherwise provided by law or by rules and regulations of limited application adopted by the Board, the provisions of this article shall govern all judicial or quasi-judicial proceedings before the Board. (Rule 43, Ord. 555)

Sec. 2-1.303. Hearings: Applications.

   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)

Sec. 2-1.304. Hearings: Notices.

   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)

Sec. 2-1.305. Hearings: Default.

   When a notice of hearing has been given in accordance with the provisions of this article, a hearing may proceed in the absence of any party, and the Board may decide the matter. (Rule 46, Ord. 555)

Sec. 2-1.306. Hearings.

   (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)

Sec. 2-1.307. Hearings: Evidence.

   (a)   Basic standard. All relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely 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 action.

   (b)   Hearsay evidence. In a contested hearing, incompetent hearsay evidence may be used for the purpose of supplementing or explaining any other evidence but shall not be sufficient in itself to support a finding.

   (c)   Privilege. The rules of privilege shall be effective to the same extent as they are now or hereafter may be recognized in civil actions.

   (d)   Burden of proof. The burden of proof shall rest upon the party asserting the affirmative of an issue.

   (e)   Interferences and presumptions. Rules regarding interferences and presumptions in civil actions shall obtain.

   (f)   Rebuttal. Each party shall have the right to rebut evidence against him. (Rule 48, Ord. 555)

Sec. 2-1.308. Hearings: Witnesses.

   (a)   Oath. The testimony of all witnesses shall be under oath.

   (b)   Exclusion. The Board may exclude from any such public or private meeting, during the examination of a witness, any or all other witnesses in the matter being investigated by the Board. (Rule 49, Ord. 555)