2.06.090 Hearing procedures.
A. The board chair shall preside over the hearing and shall make all rulings on issues of procedure, continuances, form and conduct of the hearing and admissibility of evidence. Evidence not filed by the material filing deadline should only be accepted by the chair if the evidence was not discovered or could not have been obtained prior to the material filing deadline, or if the evidence is relevant and it is in the interest of justice that it be considered.
B. The chair may limit testimony by any person to reduce cumulative or repetitive testimony. The chair may vary the hearing procedures as long as the parties are afforded a fair and reasonable opportunity to be heard.
C. Technical rules of evidence do not apply, but the board’s findings shall be based upon a preponderance of the evidence. All testimony and other evidence taken at the hearing shall be recorded and retained according to applicable records retention schedules.
D. The parties may each have the opportunity to be heard, and cross-examine witness, who shall testify under oath.
E. The hearing shall be subject to the following order:
1. Introduction of the case by the chair;
2. Opening statement by complainant;
3. Opening statement by respondent;
4. Complainant witnesses:
a. Complainant questions witnesses;
b. Respondent may cross-examine the complainant’s witnesses;
c. Board members may ask questions of the complainant’s witnesses;
5. Respondent’s witnesses:
a. Respondent questions witnesses;
b. Complainant may cross-examine the respondent’s witnesses;
c. Board members may ask questions of the complainant’s witnesses;
6. Complainant’s closing statement;
7. Respondent’s closing statement;
8. Complainant rebuttal.
9. The board may move into a closed adjudicatory session to deliberate.
10. The board shall vote in open session on the following:
a. The board does or does not find by a preponderance of the evidence one (1) or more violations within the jurisdiction of the board; and
b. The board does or does not provide recommendations to an appointing authority or supervisor for further administrative or remedial actions; and
c. What if any specific sanctions, corrective actions or referrals, the board recommends.
F. A finding of a violation of this code shall be supported by a preponderance of the evidence presented at the hearing. The board’s decision shall be in writing, shall state it is a final decision, and shall state the parties have thirty (30) days from the date of distribution to appeal to the Superior Court. The decision shall include findings of fact and conclusions and shall be reasonably specific to provide a clear and precise understanding of the reason for the decision.
G. The board’s decision shall be filed with the city clerk within thirty (30) days after the completion of the hearing and served to the parties by the clerk within ten (10) days after the board’s decision has been filed. Final administrative decisions may be appealed to the Superior Court per the Alaska Rules of Appellate Procedure, Part 600. [Ord. 19-19 § 3, 2019.]