SEC. 98.0308. EVIDENCE.

(a) Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses.

(b) Oral Evidence. Oral evidence shall be taken only on oath or affirmation.

(c) Hearsay Evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction.

(d) Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions.

(e) Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded.

(f) Rights of Parties. Each party shall have these rights:

1. To call and examine witnesses;

2. To introduce exhibits;

3. To cross-examine opposing witnesses on any matter relevant to the issues;

4. To impeach any witness regardless of which party first called the witness to testify;

5. To rebut the evidence against them;

6. To represent themself or be represented by anyone of their choice.

(g) Failure of Respondent to Testify. If respondent does not testify in their own behalf, the respondent may be called and examined as if under cross- examination.

(h) Testimony at Direction of Board, Superintendent or Examiner. The Board, Superintendent or examiner may direct any person present to testify in a hearing whether or not such person was subpoenaed to testify. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(i) Penalty for Failure to Testify at Hearing. Any person who is present at any hearing either in obedience to a subpoena or otherwise, and who willfully refuses to be sworn or to answer any material or proper question when directed by the Board, Superintendent or an examiner shall be guilty of a misdemeanor. (Amended by Ord. No. 139,419, Eff. 11/30/69.)