19.44.070 Subpoenas and evidence.
A. Subpoenas. The Commission may obtain the issuance and service of a subpoena for the attendance of witnesses or the production of other evidence at a hearing upon the request of a member of the Commission upon the written demand of any party. The issuance and service of such subpoena shall be obtained upon the filing of an affidavit therefor which states the name and address of the proposed witness; specifies the exact things sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness had the desired things in possession of under control. A subpoena need not be issued when the affidavit is defective in any particular, or not requested at least ten days prior to the hearing, and no hearing shall be continued due to the failure to file a timely request for a subpoena. The City may charge its reasonable costs of producing documents in compliance with a subpoena. Any person who refuses without lawful excuse to attend any hearing, or to produce material evidence which the person possesses or controls as required by any subpoena served upon such person as provided for herein shall be guilty of a misdemeanor.
B. Rules of Evidence. Hearings need not be conducted according to the technical rules relating to evidence and witnesses.
1. Oral Evidence. Oral evidence shall be taken only on oath or affirmation, if requested by any party.
2. Hearsay Evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state, and the party against who it is offered objects.
3. Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type 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 civil actions in courts of competent jurisdictions in this state.
4. Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded.
C. 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 or of official records of the boards, commissions or departments, and ordinances of the city or rules and regulations of the Commission.
1. Parties present at the hearing shall be informed of the matters to be noticed, and these matters shall be noted in the record, referred to therein, or appended thereto.
2. Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the officially noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the Commission.
D. Inspection of the Premises. The Commission may inspect any building or premises involved in the appeal during the course of the hearing, provided that (1) notice of such inspection shall be given to the parties before the inspection is made, (2) the parties are given an opportunity to be present during the inspection, and (3) the Commission shall state for the record upon completion of the inspection of the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the Commission.
E. Rights of Parties. Each party shall have these rights, among others:
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;
6. To be represented by anyone who is lawfully permitted to do so. (Ord. 6475-NS § 11 (part), 1999)