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Burlington Commission on Human Rights, 1968
Human Rights Commission - Page 20
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-20- 6. The evidence shall be taken under oath. The Commission shall not be bound by the strict rules of evidence prevailing in courts of law or equity, but the right of cross-examination shall be preserved. (Comment. This section provides the procedures to be followed at the public hearing. Subsection 1 provides for the issuance of a notice to the person charged. The Commission must give him at least ten days in which to prepare his defense. Subsection 2 provides that the person charged may appear at the hearing and to call witnesses on his behalf. The power of cross-examination is provided, to permit the person charged fully to defend himself. Subsection 3 is a purely technical one, permitting reasonable amendments to the complaint and answer. Such amendments are now freely permitted in ordinary litigation. Since the intent of the ordinance is to provide a relatively informal forum in which the matter may be heard, similar freedom to amend should be permitted. Subsection 4 provides that the city attorney (or his deputy) will conduct the case. Since the case has now become an adversary proceeding, the expertise of an attorney in presenting facts and arguments should be of use to the Commission. If the city attorney is unable to present the case, the City Council may designate a substitute to appear for him. Subsection 5 provides that the Commission will hear the evidence in the absence of the person charged, if he fails to answer and appear. Since this is not a criminal proceeding, he cannot be required to appear. However, if he fails to appear, he may be assumed to have waived his right to answer the charge and to have waived his procedural objections to the Commission. Subsection 6 provides for the evidence to be taken under oath. The Commission will not be bound by the formal technicalities of the rules of evidence.) Section 309. Remedy. If upon the preponderance of the testimony taken, the Commission shall be of the opinion that any person charged in the complaint has engaged in or is engaging in the unfair or discriminatory practice complained of, then the
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-20- 6. The evidence shall be taken under oath. The Commission shall not be bound by the strict rules of evidence prevailing in courts of law or equity, but the right of cross-examination shall be preserved. (Comment. This section provides the procedures to be followed at the public hearing. Subsection 1 provides for the issuance of a notice to the person charged. The Commission must give him at least ten days in which to prepare his defense. Subsection 2 provides that the person charged may appear at the hearing and to call witnesses on his behalf. The power of cross-examination is provided, to permit the person charged fully to defend himself. Subsection 3 is a purely technical one, permitting reasonable amendments to the complaint and answer. Such amendments are now freely permitted in ordinary litigation. Since the intent of the ordinance is to provide a relatively informal forum in which the matter may be heard, similar freedom to amend should be permitted. Subsection 4 provides that the city attorney (or his deputy) will conduct the case. Since the case has now become an adversary proceeding, the expertise of an attorney in presenting facts and arguments should be of use to the Commission. If the city attorney is unable to present the case, the City Council may designate a substitute to appear for him. Subsection 5 provides that the Commission will hear the evidence in the absence of the person charged, if he fails to answer and appear. Since this is not a criminal proceeding, he cannot be required to appear. However, if he fails to appear, he may be assumed to have waived his right to answer the charge and to have waived his procedural objections to the Commission. Subsection 6 provides for the evidence to be taken under oath. The Commission will not be bound by the formal technicalities of the rules of evidence.) Section 309. Remedy. If upon the preponderance of the testimony taken, the Commission shall be of the opinion that any person charged in the complaint has engaged in or is engaging in the unfair or discriminatory practice complained of, then the
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