§ 2-127. Hearings.

In every case of adjudication, and in cases of rule making in which rules are required by law to be made on the record after opportunity for an administrative board hearing, and in cases of rule making in which, pursuant to section 2-112, the administrative board shall direct that oral testimony be taken, or a hearing held:

(a)

Any person appearing before any administrative board or representative thereof shall have the right to be accompanied and advised by counsel. Every party shall have the right to appear in person or by counsel.

(b)

There shall preside at the hearing:

(1)

The administrative board,

(2)

One or more members of the administrative board, or

(3)

One or more examiners or referees designated by the administrative board.

All presiding officers and all officers participating in decisions shall conduct themselves in an impartial manner and may at any time withdraw if they deem themselves disqualified. Any party may file an affidavit of personal bias or disqualification, which shall be ruled on by the administrative board and granted if timely, sufficient, and filed in good faith.

(c)

Presiding officers shall have power, pursuant to published procedural rules of the administrative board:

(1)

To maintain order,

(2)

To rule upon all questions arising during the course of a hearing or proceeding,

(3)

To permit discovery by deposition or otherwise,

(4)

To hold conferences for the settlement or simplification of issues,

(5)

To make or recommend decisions, and

(6)

Generally to regulate and guide the course of the pending proceeding.

(d)

Except as otherwise provided by law, the proponent of a rule or order shall have the burden of proof. Irrelevant, immaterial and unduly repetitious evidence shall be excluded. Any other oral or documentary evidence, not privileged, may be received if it is a type commonly relied upon by reasonably prudent men in the conduct of their affairs. Objections to evidentiary offers may be made and shall be noted of record. When a hearing will be expedited, and the interests of the parties will not be substantially prejudiced, any part of the evidence may be received in written form.

(e)

Parties shall have the right to conduct such cross-examination as may be required for a full and true disclosure of the facts.

(f)

Official notice may be taken of judicially cognizable facts and of generally recognized technical or scientific facts within the administrative board's specialized knowledge. Parties shall be notified of material so noticed, including any staff memoranda or data, and shall be afforded a reasonable opportunity to show the contrary.

(Ord. No. 158, § 43, 6-27-78)