§ 20-176. Evidence.

(1)

In any hearing before the board, irrelevant, immaterial or unduly repetitious evidence shall be excluded; but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may be received in written form, and all testimony of parties and witnesses shall be made under oath. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions.

(2)

Documentary evidence may be received in the form of a copy or excerpt if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original.

(3)

A party shall be permitted to conduct cross-examination when testimony is taken or documents are made a part of the record.

(4)

The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions.

(5)

The board shall ensure that a full record of the hearing is preserved, which record shall be public and open to inspection and transcription by any person.

(6)

The office of the county attorney shall represent the board and advise it as to the propriety and admissibility of evidence presented at a hearing before the board.

(7)

Any party to an action pending before the board shall be entitled to obtain discovery by one (1) or more of the following methods: Dispositions upon oral examination or written questions, written interrogatories, production of documents or things or permission to enter upon land or other property for inspection and other purposes, and requests for admission. Unless the board orders otherwise, the frequency of use of these methods is not limited.

(8)

Parties may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter of the pending action, whether it relates to the claim or defense of the party seeking discovery or the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, documents or other tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not grounds for objection that the information sought will be inadmissible at the hearing if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

(9)

Upon receipt of a demand for discovery, the receiving party shall have five (5) days in which to comply with the demand. A party shall not be required to respond to any demand for discovery received within five (5) days of the date set for hearing.

(10)

If a claimant in an action pending before the board shall fail to comply with a demand for discovery or fail to make a good faith effort to comply with the demand, the claimant's case shall be subject to dismissal by the board.

(11)

If a respondent (defendant) in a case pending before the board shall fail to comply with a demand, the claimant may apply to the board for an order compelling discovery.

(Ord. No. 81-77, § 18, 8-11-81; Ord. No. 90-16, § 10, 7-10-90)