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2006 Planning Commission Rules
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2006 Planning Commission Rules
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(d) Memorandum in Opposition. A memorandum in opposition or counter affidavit <br />shall be served on all parties and the original and proof of service shall be filed <br />with the Commission within seven days after being served with the written <br />request. The chairperson of the Commission may order the memorandum in <br />opposition to be filed earlier than the seven-day period. <br />(e) Waiver. Failure to serve or file a memorandum in opposition to a written request <br />and to appear at the hearing may be deemed a waiver of objection to the granting <br />or denial of the written request. A party who does not oppose the written request <br />shall notify the chairperson and opposing counsel or party promptly. <br />4-18 Evidence <br />(a) Form and Admissibility. The Commission shall not be bound by the rules relating <br />to the admission or rejection of evidence but may exercise its own discretion in <br />such matter with a view to do substantial justice. <br />(b) Ruling. The presiding officer shall rule on the admissibility of all evidence. Such <br />rulings may be reviewed by the Commission in determining the matter of the <br />merits. <br />(c) Objections and Exceptions. When objections are made to the admission or <br />exclusion of evidence, the grounds relied upon shall be stated briefly. Formal <br />exceptions to rulings are unnecessary and need not be taken. The presiding <br />officer shall exclude any evidence which is irrelevant, immaterial or unduly <br />repetitious or which would infringe upon any privilege recognized by law. <br />(d) Offer of Proof. An offer of proof for the record shall consist of a statement of the <br />substance of the evidence to which objection has been sustained. <br />(e) Prepared Testimony. With the approval of the presiding officer, a witness may <br />read into the record his testimony on direct examination. Before any prepared <br />testimony is read, unless excused by the presiding officer, the witness shall <br />deliver copies thereof to the presiding officer and all counsel or parties. <br />Admissibility shall be subject to the rules governing oral testimony. If the <br />presiding officer deems that substantial saving in time will result, a copy of the <br />prepared testimony may be received in evidence without reading, provided that <br />copies thereof shall have been served upon all parties and the Commission fifteen <br />days before the hearing or such prior service is waived, to permit proper <br />cross-examination of the witness on matters contained in the prepared testimony. <br />(f) Documentary Evidence. If relevant and material matter offered in evidence is <br />embraced in a document containing other matters, the party offering it shall <br />designate specifically the matter so offered. If other matter in the document <br />would unnecessarily encumber the record, the document will not be received in <br />evidence, but at the discretion of the presiding officer, the relevant and material <br />matter may be read into the record or copies thereof received as an exhibit. Other <br />4-7 <br /> <br />
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