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If probable cause is determined to exist by the Board, then the Board shall conduct a hearing on the merits (“hearing on the merits”) as set forth herein:

A. Prior to the hearing on the merits, the Board may request additional information as set forth in CVMC 2.28.110(B). The Board should set a date by which a request for additional information should be completed.

B. Both parties shall be provided notice of the hearing on the merits. The Board may provide copies of materials upon which the complaint is based to either party.

C. In the discretion of the Board, complainant may present an opening and closing statement, present additional evidence and witnesses, including rebuttal evidence and witnesses, and cross-examine witnesses.

D. In the discretion of the Board, the respondent may present an opening and closing statement, present additional evidence and witnesses, including rebuttal evidence and witnesses, and cross-examine witnesses.

E. The Board may admit, but is not limited to, evidence provided at the hearing on the merits, information provided with the complaint, information provided pursuant to CVMC 2.28.110(B), or subsection (A) of this section, information provided at the probable cause hearing, and any other evidence it determines should be considered.

F. The hearing on the merits is not a formal judicial proceeding, but the Board will exercise control over the hearing to ensure that it is conducted in an orderly and expeditious manner. While the technical rules of evidence are not applicable and hearsay is admissible, evidence that is admitted should bear indicia of reliability. (Ord. 3264 § 1, 2013).