§ 9-8.711. Conduct of Hearing.

(a)

Rules. Appeal hearings need not be conducted according to the technical rules relating to evidence and witnesses. Government Code Section 11513, subdivisions (a), (b) and (c) as currently written, or as amended in the future, shall apply to all hearings under this chapter.

(b)

Oral Evidence. Oral evidence shall be taken only upon oath or affirmation.

(c)

Rights of Parties. Each party shall have the right to do the following:

(1)

To call and examine witnesses on any matter relevant to the issues of the hearing;

(2)

To introduce documentary and physical evidence;

(3)

To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;

(4)

To impeach any witness regardless of which party first called the witness to testify;

(5)

To rebut the evidence presented against the party;

(6)

To represent himself/herself or to be represented by counsel.

(d)

Official Notice. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state. Official notice may be taken of the official records of the Board of Building Appeals or of departments and ordinances of the City of Modesto as well as the rules and regulations of the Board of Building Appeals.

(Ord. 3513-C.S., § 2, effective 6-12-09)