Section 2.80.022 Hearing procedures.

A. At the time and place set for the hearing, the chairperson / presiding officer shall identify Board members, establish the existence of a quorum, and state for the record the date, matter to be considered, and shall identify the parties and counsel present. The employee shall be notified of the right to be represented by counsel and counsel, if any, shall be identified.

B. The chairperson / presiding officer shall state the purpose of the hearing and outline the procedures to be followed.

C. The presiding officer shall regulate the course of the hearing to obtain full disclosure of relevant facts and to afford all the parties reasonable opportunity to present their positions.

D. On his own motion, or upon objection by a party, the presiding officer may:

1. Exclude evidence that is irrelevant, immaterial, or unduly repetitious.

2. Exclude evidence privileged in the courts of Utah.

3. Receive documentary evidence in the form of a copy or excerpt if the copy or excerpt contains all pertinent portions of the original document.

4. Take official notice of any facts that could be judicially noticed under the Utah Rules of Evidence, of the record of other proceedings before the City or any court and of technical or scientific facts within the knowledge of the Board.

E. The presiding officer may not exclude evidence solely because it is hearsay.

F. The presiding officer shall afford to all parties the opportunity to present evidence, argue, respond, conduct cross-examination, and submit rebuttal evidence.

G. All testimony presented at the hearing, if offered as evidence to be considered in reaching a decision on the merit, shall be given under oath.

H. Any party at its expense may have a person, approved by the City, prepare a transcript of the hearing.

I. All hearings shall be open to all parties, however the presiding officer may take appropriate measures necessary to preserve the order and integrity of the hearing, and may order anyone disrupting the proceedings to leave.

J. Employee/appellant is entitled to confront the witnesses whose testimony is to be considered and to examine the evidence to be considered by the Appeals Board.

(Ord. 2005-29, Add, 12/07/2005)