§ 2-32. Order of business; evidence; witnesses; proof; record.  


Latest version.
  • (a)

    An appeal shall be heard as called in the order in which it appears in the call of the meeting.

    (b)

    Appeals shall be placed upon the call of the meeting in the order in which they are filed.

    (c)

    If there is a default in the appearance of an appellant in the call of his appeal, it shall be placed at the foot of the call and shall be called again after the remaining appeals on the call have been heard. If there is a default in appearance of the appellant when the appeal is called again, the appeal shall be dismissed for failure to prosecute but without prejudice to a re-hearing at a subsequent meeting after republication of notice at the appellant's expense.

    (d)

    Objections to evidence on the ground that the witness is incompetent to testify, or on the ground that the evidence is hearsay, or is incompetent, irrelevant or immaterial, shall be ruled by the Chairman or Acting Chairman to be "out of order."

    (e)

    The Chairman, or in his absence the Acting Chairman, may, in his discretion, administer oaths to and compel the attendance of witnesses.

    (f)

    The order of proof shall be as follows:

    (1)

    The appellant in person or by his agent or attorney, and his witnesses, if any, shall first be heard and each of whom, in turn, may be cross-examined by any one (1) or more opponents;

    (2)

    The opponents shall be heard subject to full right of cross-examination;

    (3)

    Rebuttal, sur-rebuttal, by witnesses or by argument of counsel, shall be heard.

    (g)

    All witnesses and evidence are subject to such limitations as to time as the Chairman shall see fit to impose.

    (h)

    Hearings of all appeals shall be reported by a competent court stenographer engaged by the Board. The reported transcript of the evidence adduced on each appeal shall be filed and shall form a part of the record of the case.

(Ords. & Reg., §§ 3b-VIII through XIII.)