A. Irrelevant, immaterial, or unduly repetitious evidence shall
be excluded. Erroneous rulings on evidence shall not preclude action by he
Code Hearings Officer on the record unless shown to have substantially
prejudiced the rights of a party. All other evidence of a type commonly
relied upon by reasonably prudent persons in the conduct of their serious
affairs shall be admissible. The Code Hearings Officer shall give effect
to the rules of privilege recognized by law. Objections to evidence may be
received in written form.
B. All evidence shall be offered and made a part of the record
in the case, and except for matters stipulated to and except as provided in
Subsection D of this Section, no other factual information or evidence shall be
considered in the determination of the case. Documentary evidence may be
received in the form of copies of excerpts, or by incorporation by
reference. The burden of presenting evidence to support a fact or position
in a contested case rests on the proponent of the fact or position.
C. Every party shall have the right of cross‑examination of
witnesses who testify and shall have the right to submit rebuttal evidence.
D. The Code Hearings Officer may take notice of judicially
recognizable facts, and the Code hearings Officer may take official notice of
general, technical, or scientific facts within the specialized knowledge of City
employees. Parties shall be notified at any time during the proceeding,
but in any event prior to the final decision, of material officially noticed and
they shall be afforded an opportunity to contest the facts so noticed.
E. No sanction shall be imposed or order be issued except upon
consideration of the whole record as supported by, and in accordance with
reliable, probative, and substantial evidence.