A. Appeal; Rehearing: Any person aggrieved by any final action of the Commission may either:
1. Decision To Appeal: Appeal the Commission's decision to the Board by filing a notice of appeal within twenty (20) days of the Commission's final action; or
2. Request For Rehearing: At the applicant's option, may request a limit of one rehearing before the Commission to reconsider one or more of any conditions attached to the Commission's decision. The applicant will inform the Administrator of what changes are requested. The Administrator will confer with the Commission Chairperson and if the requested changes would not materially affect the Commission's decision, a rehearing would be permitted. If the rehearing is denied, the applicant may still exercise appellant's rights under the Board appeal process.
3. Notice Of Appeal: The notice of appeal shall state the date and the substance of the decision appealed from and state the grounds for the appeal.
4. Written Request; Fee: Reappearance before the Commission may be made by written request to the Administrator and shall include a fee in accordance with the schedule of fee requirements given in Section 9-3-9 of this Title. This fee shall be refunded if the reappearance is denied.
5. Filing Notice; Costs Of Appeal: Copies of the notice of appeal shall be filed with the Board and the Commission. In the case of a Board appeal, the Administrator shall provide any such aggrieved party with a written statement of the estimated cost of transcript preparation. The cost of an appeal shall be in accordance with the Schedule of Fee requirements given in Section 9-3-9 and shall include a base fee plus the cost of transcript preparation. The cost of such preparation shall be based on current costs of outside temporary employees to furnish such transcripts and the cost shall be borne by the appellant.
B. Transmission Of Record: Within thirty (30) days after a notice of appeal is filed with the Commission, the Commission shall prepare three (3) copies of a summary of the proceedings appealed from and forward said summary to the Board. A transcript of the proceedings may be prepared, and such transcripts shall be prepared at the appellant's expense. The cost of the transcripts shall be paid in full before the transcript may be forwarded to the Board. The Commission shall serve one copy of the summary or transcript on the appellant and one copy on the attorney for the respondent. The Commission shall submit to the Board with the summary or transcript all documents, exhibits and orders pertinent to the appeal. The entire record shall be forwarded to the Board with a certificate signed by the Administrator listing all documents in the record in chronological order of filing together with the Administrator's certificate stating that the documents listed comprise the complete record of the Commission's proceedings. Depending on the level of need, a summary of the proceedings may include, but is not limited to, minutes of the proceedings and/or relevant portions of the transcript.
C. Briefs On Appeal:
1. Definition: For the purpose of this Section, "brief" is defined as any written document, regardless of form, outlining the parties' legal positions. Parties to an appeal are not required to file briefs. If a party chooses not to file briefs, the time restrictions under this subsection do not apply to that party. If a party chooses not to file a brief, the Administrator shall be notified in writing. The Administrator shall then schedule a hearing pursuant to Section 9-32-4D of this Chapter.
2. Number Of Copies: The original and four (4) copies of all appellate briefs shall be filed with the Administrator.
3. Length Of Briefs: No brief in excess of ten (10) pages, exclusive of any addendum or exhibit, shall be filed without consent of the Administrator.
4. Time For Filing: The appellant's brief shall be filed within fourteen (14) calendar days of receipt of the transcript. The respondent's brief shall be filed within fourteen (14) calendar days from receipt of the appellant's brief. No briefs shall be accepted outside of the time periods described under this subsection. If the Commission is the only respondent, no respondent's brief is required.
5. Service Of Briefs: One copy of all appellate briefs shall be served upon each party to the appeal. If the Commission or Administrator is the only respondent, no further service other than that required under this subsection shall be necessary.
D. Hearing By The Board: After the last brief is filed or if a party chooses not to file any responsive brief, the Board shall hold a hearing on the appeal. The Board shall publish a notice specifying the time, date and place of the hearing and stating the subject of the appeal. The notice shall be published once in the newspaper of general circulation at least fifteen (15) calendar days prior to the hearing. In addition, the same notice requirements as were applicable to the hearing, if any, at which the decision being appealed was made shall be met, including advising that materials submitted pertaining to the appeal are available for public inspection prior to the appeal hearing. No party may present more than five (5) minutes of oral argument to the Board unless otherwise allowed by the Chairperson. Other than exhibits and documents in the record, briefs and oral arguments, the Board shall not consider any other information.
E. Decision By The Board: The Board shall enter an order within fifteen (15) calendar days after the hearing affirming, reversing or modifying the Commission's decision. The order shall contain a statement of the reasons for the Board's decision and shall be served on all parties to the appeal. On its own motion, the Board may, within fourteen (14) calendar days of issuing a written decision, reconsider that decision.
F. Request For Rehearing On Board's Decision: An applicant aggrieved by any final action of the Board to which conditions were attached may request a limit of one rehearing before the Board to reconsider one or more of any conditions attached to the Board's decision. A written request for rehearing shall toll the time for filing an appeal. The applicant will inform the Administrator of what changes are requested. The Administrator will confer with the Board Chairperson and, if the requested changes would not materially affect the Board's decision, a rehearing would be permitted. If the rehearing is denied, the applicant may still exercise applicant's rights to further appeal the Board's decision. Reappearance before the Board may be made by written request to the Administrator and shall include a fee as adopted by the Board of Commissioners. This fee shall be refunded if the reappearance is denied. (Ord. 94-3, 5-16-94; Ord. 93-6, 7-19-93; Res. 93-6, 3-22-93; Ord. 77-5, 3-28-77, eff. 4-7-77)