§ 2.20.110. Testimony, rights and evidence.

Oral evidence shall be taken by a county hearing officer only upon oath or affirmation during the hearing.

Each party shall have the following rights during the hearing: to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues whether or not that matter was elicited or discussed during direct examination; to impeach witnesses regardless of which party first called them to testify; and to rebut unfavorable or negative evidence. If the party against whom an agency is proceeding does not testify on his or her own behalf, that party may be called and examined or cross-examined, and the party conducting the questioning is not bound by the testimony elicited.

The hearing need not be conducted according to technical rules relating to evidence and witnesses, except as provided in this chapter. 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 the evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded.

(Ord. 643 § 11, 1989)