- (a) After the conclusion of the hearing, no other evidence, testimony or exhibits shall be allowed into the record, except as allowed pursuant to (b) below.
- (b) Prior to the conclusion of the hearing, a party may request that the record be left open for a specified period of time in which to file evidence or arguments not available at the hearing. If the council determines that such evidence or arguments is necessary to a full consideration of the issues raised in the appeal, the presiding officer shall set a date by which the additional material shall be filed.
- (c) The party filing such additional material shall serve copies of all items filed in accordance with Env-WMC 204.09.
- (d) If any other party to the hearing requests time to respond to the evidence or arguments submitted, the presiding officer shall set a specific time period following filing of the material for the filing of a response. If any other party to the hearing requests the opportunity to cross-examine on the additional evidence submitted, the presiding officer shall set a date and time for a hearing at which cross-examination on the additional evidence submitted shall be allowed, if the presiding officer determines that such cross-examination is required for a full and true disclosure of the facts.
(e) The determination to allow cross-examination shall be based on:
- (1) The nature of the factual and legal issues in dispute in the proceeding;
- (2) The testimony and evidence submitted during the hearing and any cross-examination thereon; and
- (3) The nature of the additional evidence to be submitted.
Source. #8031, eff 1-24-04