Skip to main content
Loading…
This section is included in your selections.

A. Rights of Participants. Quasi-judicial hearings shall be conducted under procedures designed to ensure all interested parties due process of law and shall, in all cases, provide the following:

1. The administration of oaths of all parties or witnesses who appear for the purpose of testifying upon factual matters.

2. The cross-examination of witnesses by the interested parties.

3. The audio or other verbatim reproduction of all testimony presented in said hearing.

4. A written decision by the hearing body which shall set forth the factual basis and reasons for the decision rendered.

B. Order of Procedure. In quasi-judicial hearings, the following order of procedure shall be observed:

1. First, the official city file concerning the action, including the written appeal and any written response by the city official whose action is appealed, shall be entered in the record of the hearing.

2. Next, the presiding officer shall call for the disclosure of any ex parte communications, conflicts of interest, or violations of the appearance of fairness under AMC 2.18.080.

3. Next, the administrative body shall call for the presentation of testimony and evidence from the moving party.

4. Upon completion of the presentation of the moving party's evidence, the administrative body may call upon any other persons present to offer additional evidence and information as may be relevant and material in support of the moving party’s position.

5. Thereafter, the administrative body shall call for the presentation of testimony and evidence from any person present at the hearing who desires to oppose the evidence of the moving party.

6. The moving party shall then be given an opportunity to present any further matter in opposition or rebuttal to the matters presented by the opponents.

7. All documents, or other items of physical evidence, shall be marked as exhibits with such identifying symbols as may be necessary to determine the exhibit referred to by any witness or other person.

C. Rules of Evidence. The administrative body shall not be required to observe formal rules of evidence, but may consider any matter which a majority concludes is reasonably reliable and calculated to aid the hearing body in reaching a fair and accurate determination of the issues involved.

D. Cross-Examination. Cross-examination of witnesses shall be limited to interested parties.

E. Deliberations and Notice of Decision. Each administrative body is authorized to deliberate upon the issues presented at the hearing in private, nonpublic sessions; provided, that no decision shall be effective except upon a vote of the members of the administrative body conducted in an open session, which vote shall be duly recorded in the minutes of the administrative body. All decisions shall be in writing and a copy of the same shall be delivered to the applicant and other interested parties, in person or by certified mail at the address set forth in the application, petition, complaint or notice of appeal, unless said decision is to be embodied in an ordinance or unless the statute, charter or ordinance under which the hearing is being conducted requires notice of the decision to be given in a different manner.

(Ord. 6588 § 1, Added, 12/09/2015)