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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)
(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)
(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)
If any party to the proceedings desires written findings of fact, his request shall be in writing and be submitted to the Clerk before the commencement of the hearing. The requesting party may abandon the request and waive findings at the conclusion of the hearing. If the requesting party abandons his request at this time, any other party may orally or in writing renew the request. The Board may impose a reasonable fee, not to exceed Ten and no/100ths ($10.00) Dollars, for providing written findings. (§ 4, Ord. 695, eff. January 23, 1974)
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