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(1) The following hearing procedures shall be followed in all matters heard by the presiding party:
A. The presiding party shall adhere to the requirements of chapter 1, article 17 of this code.
B. Prior to the commencement of a hearing, a sign up sheet shall be provided for prospective witnesses to sign.
C. The hearing shall be opened with a statement of the rules and procedures.
D. The chairman or his designee shall administer the oath or affirmation to the witnesses, except at legislative hearings where public input is solicited.
E. The applicant shall provide reports and testimony which will provide information necessary to enable the presiding party to render a decision on an application.
F. The presiding party may refuse to permit any person to testify who has not signed the witness list, is disruptive of the hearing proceedings, or is belligerent.
G. The presiding party shall approve, modify, or deny an application after reviewing whether or not the application satisfies the applicable provisions of the comprehensive plan, ordinances, and the local land use planning act, Idaho Code title 67, chapter 65. The applicant carries the burden of persuasion.
H. When the presiding party makes a recommendation to the board the FCOs, the minutes, and documents regarding the notice of hearing shall be certified to the board and shall be included in the official record of the board.
I. The presiding party shall issue FCOs, reflecting its final decision.
J. A copy of the signed FCOs shall be mailed to the applicant and/or the applicant's representative. (Ord. 10-006, 8-16-2010)
(1) The decisions of the commission or the hearing examiner may be appealed to the board by filing a written notice of appeal with DSD within fifteen (15) calendar days of the date the FCOs were signed. The notice of appeal should include a statement of the reasons for the appeal and must be accompanied by a filing fee as established by the adopted fee schedule. (Ord. 10-006, 8-16-2010)
(1) Appeal To Board: An affected person aggrieved by a final administrative decision or action of the director that was made pursuant to the provisions of this chapter may appeal to the board.
(2) Appeal Procedures:
A. Appeals shall be filed with DSD within fifteen (15) calendar days after the date of the decision. A notice of appeal should include a statement of the reasons for the appeal and must be accompanied with all appropriate fees as established by the adopted fee schedule. (Ord. 10-006, 8-16-2010)
B. At the public hearing held in accordance with this article, the board shall consider the decision of the director and any additional evidence that may be offered by the public, applicant or director.
C. The board may affirm, reverse or modify, in whole or in part, the director's decision. (Ord. 12-006, 3-22-2012)
The procedure for mediation shall be in accordance with the provisions of Idaho Code section 67-6510. Nothing in this chapter shall affect the rights of any party regarding mediation of land disputes. The county shall not be liable for nor pay the fees or expenses of any mediation requested by any applicant or affected property owner. (Ord. 10-006, 8-16-2010)