A. Rights of Participants. All quasi-judicial hearings, as designated in Section 2.64.030, shall be conducted under procedures designed to ensure all interested parties due process of law, and shall, in all cases, provide for the following:

1. The administration of oaths to all parties or witnesses who appear for the purpose of testifying upon factual matters;

2. The cross-examination, upon request of the interested parties, of all witnesses;

3. The stenographic or other verbatim reproduction of all testimony presented in the hearing.

B. Order of Procedure. On all quasi-judicial hearings, as designated in this chapter, the following order of procedure shall be followed:

1. First, there shall be presented those documents showing the regularity of the commencement of the proceedings and the due form of the notice given.

2. Next, the applicant shall present such material evidence, if any, as he desires.

3. The administrative body shall, upon completion of the presentation of the applicant's evidence, call upon any person present in support of the applicant's position to present such evidence and information as he may desire.

4. Thereafter, the hearing body shall call for the presentation of information and evidence from any person present at the hearing who desires to oppose the application, petition, appeal or complaint.

5. The applicant shall then be given an opportunity to present any further matter in opposition or rebuttal to the matters presented by the opponents.

6. All documents or other items of physical evidence shall be marked as exhibits with such identifying symbols as may be necessary to determine the exhibit referred to by any witness or other person.

C. Rules of Evidence. The hearing body shall not be required to observe any formal rules of evidence, but may consider any matter which a majority thereof concludes is reasonably reliable and calculated to aid the hearing body in reaching an accurate determination of the issues involved.

D. Deliberations and Notice of Decision. Each hearing body is authorized to deliberate upon the issues presented at the hearing in private, nonpublic sessions; provided, that no decision shall be effective, except upon a vote of the members of the hearing body, conducted in an open session thereof, which shall be duly recorded in the minutes of the hearing body.

E. Judicial Enforcement and Review of Decision.

1. Any party aggrieved by a hearing body in any quasi-judicial hearing, or the city itself, may apply to have such decision reviewed by a court of competent jurisdiction, in accordance with the provisions therefor contained within the Colorado Rules of Civil Procedure, provided the action is commenced not more than thirty days subsequent to the date of the decision or within such shorter time as may be required by the Charter, statute or ordinance under which such hearing was held. The cost of preparation of the record of the hearing shall be assessed against the appealing party in the event the decision appealed from is affirmed by the court.

2. In the event that such judicial review results in a judicial declaration setting aside or reversing the decision, the members of the hearing body which rendered such decision may take such steps as may be necessary to obtain an appellate review of the same, either through the institution of original proceedings or through appeal, in their own names, in their representative capacities, as members of the administrative body rendering the decision. Should any party not comply with any decision of any hearing body, the members of the administrative body involved, or the city itself, may, in addition to any other legal remedies which may exist for compelling compliance therewith, petition any court of competent jurisdiction for the entering of a judicial decree compelling compliance with the decision. (Prior code § 1-7-7)