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• <br /> •S • a • f <br /> 1 8. Establish rules and procedures to conduct hearings consistent <br /> herewith. <br /> 2 <br /> 3 G. Contested Cases. In contested cases: <br /> 4 <br /> 1. The Hearing Examiner may admit and give probative effect to <br /> 5 evidence which possesses probative value commonly accepted by <br /> reasonably prudent men in the conduct of their affairs. The <br /> 6 Hearing Examiner shall give effect to the rules of privilege <br /> recognized by law. The Hearing Examiner may exclude incom- <br /> 7 petent, irrelevant, immaterial and unduly repetitious evidence. <br /> 8 2. All evidence including, but not limited to, records and documents <br /> in the possession of the Hearing Examiner of which he/she desires <br /> 9 to avail himself/herself shall be offered and no other factual <br /> information or evidence shall be considered in the determination of <br /> 10 the case. Documentary evidence may be received in the form of <br /> copies or excerpts or by incorporation by reference. <br /> 11 <br /> 3. Every party shall have the right of cross-examination of witnesses <br /> 12 who testify and shall have the right to submit rebuttal evidence. <br /> 13 4. The Hearing Examiner may take notice of judicially cognizable <br /> facts. <br /> 14 <br /> 15 H. Notice To Be Given. The Hearing Examiner shall see that interested <br /> 16 parties are given proper notice of hearings. <br /> 17 I. Judicial Review. <br /> 18 <br /> 1. Any person, including the City, aggrieved by a final decision in a <br /> 19 contested case, whether such decision is affirmative or negative in <br /> form, is entitled to review thereof in the Snohomish County <br /> 20 Superior Court. <br /> 21 2. Proceedings for review under this chapter shall be instituted by <br /> filing a petition in Superior Court. All petitions shall be filed <br /> 22 within thirty days after the final decision of the Hearing Examiner. <br /> Copies of the petition shall be served on the Mayor of the City as <br /> 23 in civil actions. <br /> 24 3. The filing of the petition shall not stay enforcement of the Hearing <br /> Examiner's decision except by order of the court and on posting of <br /> 25 a bond to be determined by the court naming the City as <br /> beneficiary. <br /> 26 4. The review shall be conducted by the court without a jury. The <br /> 27 review shall be de novo unless provided otherwise by ordinance. <br /> 28 5. The court may affirm the decision of the Hearing Examiner or <br /> remand the case for further proceedings; or it may reverse the <br /> 29 decision if the substantial rights of the petitioners may have been <br /> prejudiced because the administrative findings, inferences, conclu- <br /> 30 sions, or decisions are: <br /> 31 a. In violation of constitutional provisions; or <br /> 32 -24- <br />