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provided, however, the presiding officer may control the manner and extent of <br /> cross-examinations and rebuttal. In the discretion of the presiding officer, all or <br /> part of the hearing may be conducted by telephone or other electronic means as <br /> long as each party in the hearing has an opportunity to effectively participate and <br /> hear. <br /> 3. Rules of evidence. Evidence, including hearsay evidence, is admissible if in the <br /> judgment of the presiding officer it is the kind of evidence on which reasonably <br /> prudent persons are accustomed to rely in the conduct of their affairs. The <br /> presiding officer shall exclude evidence that is excludable on constitutional or <br /> statutory grounds or on the basis of evidentiary privilege recognized in the courts <br /> of this state. The presiding officer may exclude evidence that is irrelevant, <br /> immaterial, or unduly repetitious. All testimony of parties and witnesses shall be <br /> made under oath or affirmation. Documentary evidence may be received in the <br /> form of copies or excerpts or by incorporation by reference. Official notice may <br /> be taken of (a) any judicially cognizable facts, (b) technical or scientific facts <br /> within the City's specialized knowledge, and(c) codes or standards that have been <br /> adopted 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 official <br /> notice be taken may be required to produce a copy of the material 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 order, <br /> which shall include a statement of grounds for the order. Within seven (7) <br /> calendar days after service of a default order, the party against whom it was <br /> entered may file a written motion requesting that the order be vacated, stating the <br /> grounds for the motion. If the party against whom the default order is entered <br /> fails to timely file a motion to vacate or the motion to vacate is not granted, the <br /> default order will be the final decision of the City. <br /> 5. Burden of proof. The appellant shall have the burden of proof by a preponderance <br /> of the evidence. <br /> C. Appeal Conclusion. <br /> At 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 <br /> all parties shall be provided a copy of the final determination. This decision will <br /> 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 /> D. Judicial Review of Appeal. <br /> 53 <br />