A. The Hearings Officer shall preside over and regulate the course of proceedings at the hearing.

B. To the extent necessary to make an informed and rational decision, the Hearings Officer shall allow all parties the opportunity to present evidence and argument, conduct cross-examination, and submit rebuttal evidence.

C. Upon finding that the rights of the parties will not be prejudiced, the Hearings Officer may allow all or part of the hearing to be conducted by telephone, or other electronic means.

D. The formal rules of evidence shall not apply to the presentation of evidence at the hearing. The Hearings Officer shall allow evidence if, in the judgment of the Hearings Officer, the evidence is of the kind upon which reasonably prudent Persons are accustomed to rely in the conduct of their affairs. Upon the motion of any party, or upon his or her own accord, the Hearings Officer may exclude the presentation of evidence that the Hearings Officer determines is not relevant, cumulative, prejudicial, or excludable on the basis of constitutional or State law.

E. All testimony of witnesses shall be made under oath or affirmation and the Hearings Officer is authorized by this Ordinance to administer such oath or affirmation as set forth in Revised Code of Washington (RCW) 5.28.010-060.

F. The Hearings Officer may take administrative notice of: any fact judicially cognizable; technical or scientific facts within the Director’s specialized knowledge; officially published laws and regulations of the City, State of Washington, United States, or any other state; and any codes or standards that have been adopted by the City, an agency of the United States, of Washington State, or any other state, or by a nationally recognized organization or association.

Parties shall be notified of any such information which the Hearings Officer takes administrative notice and shall have the opportunity to address and/or contest the facts or materials so noticed prior to issuance of a final order. (Ord. M-3970 §2, 2010)