§ 4.80.302. Testimony and cross examination.

A.

Formal rules of evidence shall not apply to any public hearings before the regulatory commission. The chair may exclude or terminate testimony deemed not to be relevant in the case before the regulatory commission.

B.

The regulatory commission may limit testimony of persons appearing before the commission and may require testimony under oath. The regulatory commission may extend the time period for any person where it deems the additional testimony to be new and necessary to its decision on the case.

C.

Cross examination shall be permitted only through the chair. Municipal staff and members of the regulatory commission may, through the chair, question persons who testify. Any interested party may direct questions to the staff or any person testifying by submitting the question to the chair. The chair shall redirect the question to the appropriate person unless the chair determines it to be irrelevant or that presenting the question will unreasonably disrupt or delay the proceeding. The chair may modify or redistrict [restrict] the scope, extent or method of cross examination in order to assure the fundamental fairness of the proceedings before the commission, to prevent undue delay, irrelevant cross examination or harassment of persons offering testimony to the regulatory commission.

(AR No. 89-242(S))