1-14-4: CONDUCT OF HEARING:

Hearings before the board shall be conducted in general conformance with the following procedure:

   A.   Generally: The board may require any person who will testify at a hearing to be sworn in before testifying. The board may limit testimony and scope of the hearing as necessary. The board, or its designee, if any, may at any time during the hearing freely inquire of anyone at the hearing, including staff.

   B.   Report: Hearings before the board shall commence with a report from staff. The report may be written or oral, at the pleasure of the board, and may include testimony from witnesses. The report shall contain recommendations and a proposed decision for the board's review, including proposed findings of fact and conclusions of law in a form directed by the board for such matters, if any. The board shall not be bound by the recommendations of staff.

   C.   Applicant/Appellant Comments: At the conclusion of staff's comments, if any, the applicant/appellant, and those favoring the applicant's/appellant's position shall be allowed an opportunity to present testimony, documents, and other evidence which supports his or her position. An applicant/appellant may be represented by counsel. Except as provided in subsection E of this section, at the board's discretion, testimony for and against an application may be presented in rotating order.

   D.   Opponent And General Comments: When the applicant/appellant has concluded his or her comments, those opposing the applicant's/appellant's position or having general questions shall be provided an opportunity to present testimony, documents, or other evidence refuting the evidence presented on behalf of the applicant/appellant.

   E.   Applicant/Appellant Rebuttal: When the opponents, if any, have all concluded their comments, the applicant/appellant shall be allowed a brief period for rebuttal. (Ord. 293, 5-24-1995; amd. Ord. 788, 8-16-2011)