9.20.180 Hearings.

At all hearings before the board, the following procedure shall apply :

1. Oral testimony may be taken only upon oath administered by the clerk ;

2. The parties to the hearing have the right to :

a. Call and examine witnesses,

b. Introduce exhibits relevant to the issues of the case, including transcripts of testimony at any previous hearing conducted by or on behalf of the board,

c. Introduce transcripts of hearings conducted in courts of record of the state, any other state, and courts of the United States,

d. Cross-examine opposing witnesses on any matters relevant to the issues of the case, even though the matter was not covered on direct examination,

e. Impeach any witness regardless of which party first called him to testify, and

f. Offer rebuttal evidence.

3. If the respondent does not testify in his or her own behalf, he/she may be called and examined as if under cross-examination ;

4. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence may be admitted and is sufficient in itself to support a finding 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 a civil action ;

5. The parties or their counsel may by written stipulation agree that certain specified evidence may be admitted even though such evidence might otherwise be subject to objection ;

6. The board may take official notice of any generally accepted information and of any other fact which may be judicially noticed by the courts of this state. The parties must be informed of any information, matters or facts so noticed, and must be given a reasonable opportunity, on request, to refute such information, matters or facts by evidence or by written or oral presentation of authorities, the manner of such refutation to be determined by the board ;

7. Consider all evidence and testimony in support of and in opposition to the charges ;

8. Enter in the minutes of the board the findings, conclusions, decision and action taken by the board. Any sanctions imposed upon a licensee or employee by the board may include expenses and costs of the proceedings.

B. Notice of the board's findings, decision and order shall be served upon the licensee or employee, or posted upon the premises of the licensed operation.

C. Any suspension, limitation, restriction or revocation of a license or registration card shall be effective upon service or posting notice of the same.

D. Upon issuance and service of the order, the licensee or employee shall immediately cease the proscribed activity.

E. A return of service shall be filed with the clerk by the person effecting such service. (Ord. 129 (part), 1988)