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27 <br /> <br />3. Rules of evidence. Evidence, including hearsay evidence, is admissible if in <br />the judgment of the presiding officer it is the kind of evidence on which <br />reasonably prudent persons are accustomed to rely in the conduct of their <br />affairs. The presiding officer shall exclude evidence that is excludable on <br />constitutional or statutory grounds or on the basis of evidentiary privilege <br />recognized in the courts of this state. The presiding officer may exclude <br />evidence that is irrelevant, immaterial, or unduly repetitious. All testimony <br />of parties and witnesses shall be made under oath or affirmation. <br />Documentary evidence may be received in the form of copies or excerpts or <br />by incorporation by reference. Official notice may be taken of (a) any <br />judicially cognizable facts, (b) technical or scientific facts within the City’s <br />specialized knowledge, and (c) codes or standards that have been adopted <br />by an agency of the United States, this state or another state, or by a <br />nationally recognized organization or association. A party proposing that <br />official notice be taken may be required to produce a copy of the material <br />to be noticed. <br />4. Default. If a party fails to attend or participate in any stage of a hearing, the <br />presiding officer may serve upon all parties a default or other dispositive <br />order, which shall include a statement of grounds for the order. Within <br />seven (7) calendar days after service of a default order, the party against <br />whom it was entered may file a written motion requesting that the order be <br />vacated, stating the grounds for the motion. If the party against whom the <br />default order is entered fails to timely file a motion to vacate or the motion <br />to vacate is not granted, the default order will be the final decision of the <br />City. <br />5. Burden of proof. The appellant shall have the burden of proof by a <br />preponderance of the evidence. <br />C. Appeal Conclusion. <br /> <br /> After the conclusion of the hearing, the hearing examiner shall determine if the <br />disputed action was proper, and shall approve, modify, or rescind the disputed <br />action. The final determination of the hearing examiner shall be in writing, and all <br />parties shall be provided a copy of the final determination within ten (10) days (or <br />such longer time as the hearing examiner may determine in writing). This decision <br />will include findings of fact that are supported by and based on the record. These <br />findings will be entitled to deference on any judicial review. <br />