(a) Generally. All hearings before the County Board of Appeals shall be public. No hearing shall be private even though all parties agree. All witnesses shall testify under oath, administered by the Chair, the Clerk or the Assistant Clerk. All persons attending the meeting who decline to testify may sign the witness list and thereby be provided with notice of all future proceedings involving the appeal.
(b) Stenographer and transcripts. The Board shall furnish an official stenographer for taking testimony of the hearing in all appeals. Anyone desiring a transcript of the testimony may obtain a copy from the official stenographer and shall bear the full cost. The Board is not required to furnish a stenographer during an on-site inspection conducted pursuant to subsection (g).
(c) Continuance. A continuance, if requested by any party, may be granted by majority vote of the Board for good cause shown. If a case is continued for more than 30 days, the case shall be readvertised at the sole expense of the party requesting the continuance.
(d) Presentation of evidence. Evidence at the public hearing shall be presented first by the applicants, then by persons in opposition, and lastly by the County agency involved, unless otherwise designated by the Board.
(e) Hearing procedures. The Chair shall regulate the course of the hearing and shall rule upon procedural matters and objections made during the course of the hearing. Counsel to the Board shall be present at all hearings to advise the Board on legal and procedural issues.
(f) Recess. A hearing may be recessed from time to time for good cause shown and if the time and place of the recessed hearing is announced publicly. No further notice of the recessed hearing shall be required.
(g) Site visits. Upon request of any party or upon its own motion, Board members may visit the site which is the subject of the appeal. Parties and their representatives may be present to observe, but no testimony may be taken. The parties or their representatives are prohibited from engaging in any discussion with Board members at the site visit. Board members are prohibited from engaging in any discussion with the parties or their representatives at the site visit. A member who has not participated in the site visit prior to the Board's vote on the appeal may not participate in the decision.
(h) Appeals from decisions where applicant did not appear. If a case is appealed to the Board from a decision of the Administrative Hearing Officer, and the Board determines that the Administrative Hearing Officer's decision was based on the failure of the applicant to appear either in person or by representation, the Board first shall determine if the decision of the Administrative Hearing Officer to dismiss the application was proper. If the Board determines that the decision of the Administrative Hearing Officer to dismiss the application was not proper, the Board shall proceed to hear the appeal on its merits.
(Bill No. 53-86; Bill No. 22-90; Bill No. 99-93; Bill No. 32-97; Bill No. 14-01; Bill No. 5-10)