A. A hearing examiner is authorized to issue subpoenas, administer oaths or affirmations, and conduct the hearing. Subpoenas shall be signed by the City Clerk. Oral evidence shall be taken only on oath or affirmation.

B. Each party shall have the following rights: to be represented by legal counsel; to call and examine witnesses; to introduce evidence; 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. A party may be called as a witness by the other party and be examined as if under cross-examination.

C. Appeals of quantities of work performed in connection with a violation of land grading permits as estimated by the Director shall include a report by a licensed civil engineer qualified to perform land surveys or a licensed land surveyor. The report shall be prepared at the sole cost of the appellant. Such reports shall include sufficient survey work to determine the actual amount of land grading work done without a permit.

D. The hearing need not and should not be conducted according to the technical rules of procedure and the California Evidence Code relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence upon 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 by itself to support a finding unless it would also be admissible over objection in civil actions. Irrelevant and unduly repetitious evidence shall be excluded.

E. The proponent of any testimony to be offered by a witness who does not proficiently speak the English language shall provide an interpreter. The interpreter shall be 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 is to be paid by the party providing the interpreter.

F. The proponent for the Director may introduce into evidence and rely upon an administrative record which clearly demonstrates: (1) the condition(s), act(s) or omission(s) upon which the proposed action is based; (2) the regulatory authority for the proposed action; (3) technical or factual data supporting the proposed action; and (4) any other information or data relevant to the proposed action. An administrative record certified by the Director which meets the above criteria shall constitute prima facie evidence in support of the proposed action. The burden of going forward may then shift to the opposing party, who may then cross-examine on the basis of the administrative record and call witnesses appropriate to aid in its examination of the administrative record. The opposing party may call additional witnesses and introduce additional evidence appropriate for opposition, defense, excusal or mitigation of the proposed action.

G. The hearing may, at the discretion of the hearing examiner, be continued from time to time upon request of a party to the hearing and upon a showing of good cause therefor. (Ord. 2718 § 3, 1998).