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22.03.080 Evidence.

City Code Section

(Amended by Ordinance No. 190387, effective May 5, 2021.)

A.  Irrelevant, immaterial, or unduly repetitious evidence shall be excluded.  Erroneous rulings on evidence shall not preclude action by the Code Hearings Officer on the record unless the error is shown to have substantially prejudiced the rights of a party.  All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs shall be admissible.  The Code Hearings Officer shall give effect to the rules of privilege recognized by law.  Objections to evidence may be received in written form or orally at the hearing on the record.

B.  All evidence shall be offered and made a part of the record in the case, and except for matters stipulated to and except as provided in Subsection D of this Section, no other factual information or evidence shall be considered in the determination of the case.  Documentary evidence may be received in the form of copies of excerpts, or by incorporation by reference.  The burden of presenting evidence to support a fact or position in a contested case rests on the proponent of the fact or position.

C.  Every party shall have the right of cross‑examination of witnesses who testify and shall have the right to submit rebuttal evidence.

D.  The Code Hearings Officer may take notice of judicially recognizable facts, as well as general, technical, or scientific facts within the specialized knowledge of City employees.  Parties shall be notified at any time during the proceeding, but in any event prior to the final decision, of material officially noticed and they shall be afforded an opportunity to contest the facts so noticed.

E.  No sanction shall be imposed or order issued except upon consideration of the whole record as supported by, and in accordance with reliable, probative, and substantial evidence.

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