Sec. 56.106. - Rules for hearings; evidence; record.

(a) BCAB shall make and publish rules for the conduct of hearings which shall include at least the right by any party to: (1) Present his case or defense by oral and documentary evidence; (2) Submit rebuttal evidence and conduct such cross-examination as may be required for a full and true disclosure of the facts; (3) Submit proposed findings and conclusions and supporting reasons therefor; (4) Make offers of compromise or proposals of adjustment; (5) Be accompanied, represented and advised by counsel or represent himself; and (6) Be promptly notified of any action taken on any appeal or request for a variance and of any BCAB action affecting substantive or procedural rights taken in connection with any proceeding. (b) BCAB shall receive into evidence that which would be admissible in civil proceedings in the courts of this state, but in receiving evidence due regard shall be given to the technical and highly complicated subject matter which must be handled, and exclusionary rules of evidence shall not be used to prevent the receipt of evidence having substantial probative effect. Otherwise, however, effect shall be given to the rules of evidence recognized by law in Florida. (c) BCAB shall promulgate appropriate rules providing for the establishment and maintenance of a record of the proceedings on all appeals and requests considered by it. A verbatim transcript of the record is not required but BCAB shall establish the record in a sufficient degree to disclose the factual basis for its final determinations with respect to an appeal or request. (Ord. 69-256-210, § 6; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1) Note— Former § 901.106.