§ 8-4. Administrative review – Evidence.

(a) In general.

Except as otherwise provided by this section or by rule or regulation of the Planning Director, formal rules of evidence and trial procedures do not apply.

(b) Right to submit.

On a genuine issue of fact, a party is entitled to:

(1) call witnesses;

(2) offer evidence, including rebuttal evidence;

(3) cross-examine any witness that another party or the Planning Director calls; and

(4) present summation and argument.

(c) Scope.

The Planning Director or hearing officer:

(1) may admit probative evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs and give probative effect to that evidence;

(2) may not exclude evidence solely on the basis that it is hearsay;

(3) must give effect to a privilege recognized by law;

(4) may receive documentary evidence in the form of copies or excerpts or through incorporation by reference;

(5) may take official notice of a fact that is judicially noticeable or that is general, technical, or scientific and within the specialized knowledge of the Planning Department; and

(6) may exclude evidence that is:

(i) incompetent;

(ii) irrelevant;

(iii) immaterial; or

(iv) unduly repetitious.