§ 7-125. Public hearings.

(1)

When a public hearing is ordered, the Commission shall designate one member as hearing officer, who shall conduct the hearing.

(2)

The Commission shall serve the respondent with the complaint, any amended complaint, and the report of the Commission's investigation, and a notice of hearing which shall identify the time and place of the hearing.

(3)

The respondent may also inspect, upon request, all material statements taken by the commission during the course of the investigation, and such other documents or information material to the complaint.

(4)

The hearing shall be held not less than ten (10) days after the service of the complaint and notice.

(5)

The respondent shall have the right to:

(a)

File an answer to the statement of charges;

(b)

Appear at the hearing in person;

(c)

Be represented by an attorney;

(d)

Examine and cross-examine witnesses;

(e)

Present to the Commission the respondent's case in defense against the allegations of the complaint, subject to reasonable procedures established by the Commission or the Presiding Officer.

(6)

The complainant shall also have the right to:

(a)

Appear at the hearing in person;

(b)

Be represented by an attorney;

(c)

Examine and cross-examine witnesses;

(d)

Present to the Commission the complainant's case in support of the allegations of the complaint, subject to reasonable procedures established by the Commission or the Presiding Officer.

(7)

The Commission shall not be bound by the strict rules of evidence prevailing in a court of law or equity.

(8)

The testimony taken at the hearing shall be under oath and shall be transcribed.

(9)

No formal action by the Commission shall be taken in any matter pending before it except upon the affirmative majority vote of the commission.

(10)

If upon all evidence presented, the Commission finds that the respondent has not engaged in any unlawful practice, it shall state its findings of fact in writing and dismiss the complaint.

(Ord. No. 0-8687-2)