§ 2.12.150. Rules of evidence.

A.

Every party shall have the right to present its case or defense by oral or documentary evidence and to submit rebuttal evidence. The Debarment Hearing Board may, within its discretion, permit cross-examination of witnesses on request. The Debarment Hearing Board may exclude irrelevant, immaterial or unduly repetitious evidence.

B.

The debarment hearing need not be conducted according to technical rules relating to evidence and witnesses except as hereinafter provided. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law statutory rule which might make improper the admission of the evidence over objection in civil actions.

C.

Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but over timely objection shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. An objection is timely if made before submission of the case or on reconsideration.

D.

The rules of privilege as set forth in the California Code of Civil Procedure shall apply.

E.

The Debarment Hearing Board has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.

F.

The Debarment Hearing Board shall not have the power to compel any witness or party to give evidence in contravention of any evidentiary privilege recognized under applicable law, including, but not limited to, the Fifth Amendment privilege against self-incrimination under the Constitution of the United States of America and the attorney-client privilege.

(Ord. No. 12926, § 1, 5-5-2009)