§ 27-37. Adjudicatory hearing procedure for requests for variances, administrative review of EPGMD determinations, appeals of citations and notices of violation.

(a)

The hearing examiner shall call the hearing to order.

(b)

The hearing shall commence by the calling of the first listed cause on the docket and shall continue by disposing of, in orderly fashion, all other matters set forth therein.

(c)

Each cause heard before the hearing examiner shall be conducted in the following manner:

(1)

The hearing examiner will entertain any motions prior to the taking of testimony.

(2)

The hearing examiner shall, after disposing of any motions, hear the evidence presented by the parties.

(3)

All persons testifying before the hearing examiner at the hearing shall first be sworn.

(4)

Upon receiving all evidence, the hearing examiner shall render his or her order concerning the adjudicatory proceeding, which shall be based on the appropriate standard of evidence.

(d)

In any hearing before the hearing examiner, 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.

(e)

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.

(f)

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

(g)

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

(Ord. No. 2003-34, § 1, 9-23-03; Ord. No. 2005-11, § 9, 5-24-05; Ord. No. 2009-56, § 1, 8-25-09)