Prior to rendering a decision, the examiner shall hold an open record public hearing thereon with proper notice according to the procedures for hearing notification as prescribed.

Such notice shall include an invitation to any interested parties to submit information in writing in advance of the hearing if unable to be present at the hearing, and an invitation to review any information submitted during the seven days preceding the hearing. The examiner presiding at the hearing shall admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent men in the conduct of their affairs and shall give effect to the rules of privilege recognized by law. All evidence, including records and documents in the possession of the City, which the examiner desires to consider shall be offered and made a part of the record. After all interested parties have had an opportunity to speak, in accordance with the examiner’s rules for conducting a hearing, the examiner shall either close the hearing, continue the hearing to a specified date, or invite additional testimony restricted only to issues which, in the opinion of the examiner, there is need for additional testimony, and thereafter the hearing shall be closed or continued to a specified date. A continuing hearing to a specified date may be restricted to testimony or evidence on specific aspects of the case. No additional information may be submitted after the close of the hearing, unless, in the opinion of the examiner, additional opportunity for testimony is warranted. In such case, the hearing may be reopened upon seven days’ written notice to all parties who participated at the first hearing.

Once legal notice has been given, no matter shall be postponed over the objection of any interested party, except for good cause shown. Continuances may be granted at the discretion of the examiner; provided, interested parties in attendance shall be given an opportunity to testify prior to the continuance. The applicant shall be given opportunity to testify prior to the continuance. The applicant shall pay an amount equal to one-half the original application fee for any hearing postponed or continued by request of the applicant after legal notice has been given; provided, that this requirement shall not apply where the request is based upon new information presented at the hearing. [Code 1970 § 2.19.090.]