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Hearings before a hearing examiner appointed from a list of qualified persons approved in writing by the City Manager shall be conducted in accordance with the following procedures:

A. Oral evidence shall be taken only on oath or affirmation. The hearing examiner is authorized to issue subpoenas, administer oaths, and conduct the hearing.

B. Each party shall have these rights: to be represented by legal counsel; to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues, even though the matter was not covered in the direct examination; to impeach any witness regardless of which party first called the witness; to testify in his or her own behalf. He or she may be called and examined as if under cross-examination.

C. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted 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 civil actions. 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 and irrelevant and unduly repetitious evidence shall be excluded.

D. The hearing shall be conducted in the English language. The proponent of any testimony to be offered by a witness who does not proficiently speak the English language shall provide an interpreter approved by the hearing examiner conducting the proceeding as proficient in the English language and the language in which the witness will testify. The cost of the interpreter shall be paid by the party providing the interpreter.

E. The hearing may be continued from time to time upon request of a party to the hearing and upon a showing of good cause therefor.

F. The administrative procedures of Chapter 1.40 CVMC may be utilized to supplement the above. (Ord. 2718 § 1, 1998; Ord. 2187 § 2, 1987; Ord. 1655 § 1, 1975).