§ 6.22.040. Hearing procedures.  


Latest version.
  • To the extent applicable and feasible, the hearing officer shall conduct the hearing in compliance with the following guidelines:

    A.

    The Animal Services Officer shall have the burden of proof to establish, by a preponderance of the evidence, the existence of the condition or conditions which gave rise to the need for seizure or impoundment or otherwise.

    B.

    The Animal Services Officer shall present its case first, following by the party against whom the seizure or impoundment is being proposed. The Animal Services Officer may present rebuttal in the discretion of the hearing officer.

    C.

    Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any other matter relevant to this issue even though that matter was not covered in the direct examination, to impeach any witness regardless of which party first called the witness, and to rebut evidence.

    D.

    Oral evidence shall be taken only on oath.

    E.

    The hearing need not be conducted according to technical rules of evidence. 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 such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing to 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 irrelevant and unduly repetitious evidence shall be excluded.

(Ord. 960, 10/20/09; § 1)