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3. Procedural Due Process /Fair and Impartial Proceedings. <br />a. Under state and federal law the right to due process means the right to notice and <br />an opportunity to be heard. Barton Contracting Co. v. City of Afton, 268 <br />N.W.2d 712 (1978). <br />b. The right to procedural due process does not normally include the right to cross <br />examine witnesses or invoke the full panoply of procedures that apply in a <br />courtroom. It is enough that a penult applicant had notice of the hearing, and an <br />opportunity to testify, introduce evidence and otherwise present his viewpoint. <br />Axelson v. Goodhue County Board of Commissioners, 2015 WL 1514150 <br />(Minn App. 2015). <br />c. The right to procedural due process can be analogized to a right to a <br />fundamentally fair process. <br />d. The right to due process does not require advance production of all written <br />materials prepared or received by the municipality in connection with a hearing. <br />Claims that advance copies of all written materials, or all potential evidence, <br />must be provided to an applicant in advance of a hearing have been uniformly <br />rejected. See Barton, Axelson. <br />4. Conduct of the Zoning Hearing. <br />a. Remember that the Council or Commission controls its own meetings, agendas, <br />parliamentary procedure, and all other aspects of its own business and functions <br />Establish rules of procedure as necessary to maintain control of the hearing <br />provide for appropriate public input under the circumstances, and keep the length <br />of hearings reasonable. <br />b. The Chair plays a large role in insuring the meeting and the hearing runs <br />smoothly. That is the Chair's primary function.. The Chair should explain the <br />procedure that will be followed at the beginning of the meeting. The rules of <br />conduct should be explained. It can be effective to explain the general order of <br />presentation and manner of conducting the hearing so that people attending <br />understand the manner and timing of their ability to participate. <br />c Bylaws often provide specific rules of procedure to follow in a meeting. If not, <br />specific rules of procedure can be adopted. A system of rules which aid in <br />transacting business is important to the functioning of the body, to preserve <br />order, expedite business, and protect the rights of those involved in the decision <br />making process. Roberts Rules of Order is the most used and well known system <br />25 <br />