30.71.100 Type 1 appeal hearing procedure.
(1) The hearing examiner shall conduct one open record hearing before a final decision is issued unless the appeal is dismissed or withdrawn. If necessary, the hearing may be continued beyond one day.
(2) The hearing examiner shall consolidate multiple appeals of the same action.
(3) The open record appeal hearing and hearing examiner consideration of the appeal shall be limited solely to the issues identified by the appellant in the written appeal submitted pursuant to SCC 30.71.050(4).
(4) The appellant(s), the applicant, and the department whose decision is being appealed shall be parties to the appeal.
(5) At the open record appeal hearing, the appellant shall have the burden of proof, which burden shall be met by a preponderance of the evidence, except in the case of appeals under SCC 30.61.300.
(6) Each party to the appeal may participate in the appeal hearing and shall have the following rights, as limited by the hearing examiner rules of procedure:
(a) To call, examine, and cross-examine witnesses on any issue relevant to the appeal;
(b) To introduce documentary or physical evidence; and
(c) To present rebuttal evidence.
(7) Except in combined proceedings involving a Type 2 decision, interested persons, groups, associations, or others who have not appealed may participate only if called by one of the parties to the appeal to present relevant testimony.
(8) All testimony shall be taken under oath.
(9) An electronic transcript shall be made of the hearing. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).