1. Boards and commissions conducting quasi-judicial hearings shall adopt rules permitting participation by teleconference (e.g., telephone, videoconferencing, or similar technology) by a party or witness upon request for good cause and in the absence of substantial prejudice to opposing parties. Adopted rules may limit the number of individuals testifying by teleconference due to technological or other valid considerations; however, if an individual’s participation is denied because of these limits, the rules shall permit other reasonably available alternatives such as setting an additional or alternate date for the testimony.

2. Boards and commissions conducting quasi-judicial hearings shall also adopt rules permitting parties to submit their testimony by affidavit subject to the opposing parties’ right of cross-examination that the chair determines to be reasonably necessary to explore any matters which tend to contradict, modify or explain the testimony.

3. Boards and commissions conducting quasi-judicial hearings shall establish rules providing for a determination concerning an individual’s status as a party sufficiently in advance of the hearing to allow the person to timely request participation by teleconference or submit testimony by other allowable means. If an individual qualifies as an interested person, the individual may provide testimony but the chair may otherwise limit participation at the hearing unless the person possesses a significant property interest that is not adequately represented by existing parties.

4. Formal rules of evidence do not apply to quasi-judicial hearings; however, the chair may exclude irrelevant, immaterial or unduly repetitious evidence.

5. A person may provide citizen comments and/or testify on public hearing items by teleconference; provided, that reasonable technical capabilities are available at the meeting location to allow participation by teleconference. To participate by teleconference, the person shall sign up to testify in the manner prescribed by the Clerk by 4:30 p.m. on the day of the meeting. If the person is not available at time of citizen comments or testimony for the item, the chair will take comments from the next person on the sign-up sheet. A person participating by teleconference must be able to hear and engage in discussion and be audible to all persons participating in the meeting.

1. Copies of all procedural rules and any written staff report must be available at least five working days prior to the hearing and at the hearing. At least five working days prior to the hearing, the parties shall exchange copies of all documents intended to be submitted to the board or commission. Staff shall also ensure that the relevant public files are available for inspection and copying by the parties.

2. At the beginning of the hearing, the chair shall give a brief introduction regarding the matter and inquire as to whether any member needs to make any disclosures required by the code of ethics or disclose any ex parte communications regarding the matter at issue. All parties must at this time express their objections, if any, to a member participating in the hearing.

3. Testimony must be taken under oath or affirmation. A group oath or affirmation, including all parties, may be given prior to taking any testimony. Relevant testimony and evidence may be submitted at the hearing. To the extent time limits are imposed, those time limits shall not include time spent responding to questions and shall be evenly applied to all parties.

4. All parties shall, unless their participation is limited by the chair as authorized in this chapter, have the right to present evidence including testimony and exhibits and the right of cross-examination of witnesses to the extent the chair determines to be reasonably necessary to explore any matters which tend to contradict, modify, or explain testimony given on direct. The party bearing the burden of proof shall have the right to first provide testimony and present all relevant witnesses and evidence and shall have the right to rebuttal.

5. If a party seeks to introduce a document not previously copied and exchanged with the other party and the other party objects, the document shall be admitted only if the board finds a good faith reason for its failure to be included in the documentary exchange. A “good faith reason” includes, but is not limited to, the portion of an animal behavior log for the days occurring after the required documentary exchange. If the late admission creates any prejudice to the opposing party, the chair shall provide the opposing party additional time or take other allowable measures to address any resulting prejudice.

1. Copies of all procedural rules and any written staff report must be available at least five working days prior to the hearing and at the hearing. Staff shall also ensure that the relevant public files are available for inspection and copying by the parties. If additional documents or information is submitted to staff after the report is written, those documents and information shall become part of the public file. If documents or information is added to the public file after the staff report is written, staff shall notify the parties who have previously inspected the file as soon as reasonably practicable and provide a copy to the parties if requested. Documents or information added to the file in compliance with this section may be provided to the board or commission.

2. At the beginning of the hearing, the chair shall give a brief introduction regarding the matter and inquire as to whether any member needs to make any disclosures required by the code of ethics or disclose any ex parte communications regarding the matter at issue. All parties must at this time express their objections, if any, to a member participating in the hearing.

3. Testimony must be taken under oath or affirmation. A group oath or affirmation, including all parties, may be given prior to taking any testimony. Relevant testimony and evidence may be submitted at the hearing. To the extent time limits are imposed, those time limits shall not include time spent responding to questions and shall be evenly applied to staff and the applicant. Time limits for interested persons shall be set by the chair.

4. Staff Report. Staff may provide a report on any technical or other issues within their expertise and may make recommendations to the board or commission. Questions of staff by the decision-making body and by the applicant, if present, should be asked at this point.

5. Applicant. The applicant or the applicant’s representative, if present, may present testimony and evidence to support the application. To the extent the applicant wishes to present expert witnesses, they should testify at this point. Questions of the applicant by the decision-making body or staff should be asked at this point. The applicant shall be provided a minimum of 10 minutes which may be extended by the chair dependent upon the complexity of the issue. In addition, if the staff report opposes the application in whole or in part, the applicant’s time shall be extended if necessary to ensure the applicant receives time equivalent to that provided to staff.

6. All parties shall, unless their participation is limited by the chair as authorized in this chapter, have the right to present evidence including testimony and exhibits and the right of cross-examination of witnesses to the extent the chair determines to be reasonably necessary to explore any matters which tend to contradict, modify, or explain testimony given on direct.

7. Rebuttal. The applicant shall be provided a minimum of five additional minutes to respond to any testimony presented by interested persons. This time may be extended by the chair in consideration of lengthy or complex testimony. In addition, to the extent the decision-making body decides, after testimony, to ask any further questions, the applicant shall be given a reasonable time to respond.

1. Sponsor Report. If present, the sponsor(s) of the proposed legislation or the sponsor’s designee(s) shall first be afforded an opportunity to provide a report on the proposed legislation. The sponsor may choose to present before or after the staff report. If time limits are applied, the sponsor and staff shall receive equivalent time. Questions of the sponsor by the decision-making body concerning the proposed legislation should be asked at this point so that the members of the public wishing to comment can be reasonably informed.

2. Staff Report. Staff may then provide a report on any technical or other issues within their expertise. Questions of staff by the sponsor(s) or the decision-making body concerning the proposed legislation should be asked at this point so that the members of the public wishing to comment can be reasonably informed.

3. Public Comment. Members of the public may comment on legislative issues. Time limits may be placed on individual comments. If time limits are placed, they should be applied in an equal manner to all individuals providing public comment. Comments may be limited to the hearing subject.

4. Sponsor Response. The sponsor(s) or designee(s) shall be afforded a reasonable opportunity to respond to any questions, issues or concerns raised during the staff report or public comment.