A. Qualifications And Designation Of Hearing Examiners: Hearing examiners shall be professionally trained or licensed planners, engineers or architects, pursuant to Idaho Code section 67-6520, as amended. Hearing examiners shall have experience in the field of planning and zoning. The mayor shall appoint and the council shall confirm the hearing examiners. The council shall determine compensation and other contractual terms with hearing examiners, and shall have the power, subject to any contractual terms, to dismiss any hearing examiner.
B. Referral Of Applications To Hearing Examiners:
1. Short plats filed pursuant to section 16.03.040 of this title may be referred to the hearing examiner. The administrator and chair of the commission, jointly, shall have discretion and authority to refer such an application to the commission.
2. An application which otherwise shall be referred to the hearing examiner, may be heard by the commission when such an application is submitted concurrently with other applications which shall be heard by the commission, as determined by the administrator and chair of the commission, jointly.
3. If no hearing examiner is appointed or there is a vacancy in the position of hearing examiner, the applications determined and defined herein shall automatically be referred to the commission.
C. Notice, Hearing And Records: Except as otherwise provided in this title, the requirement for notice, hearing and records for an application before the hearing examiner shall be as provided in this title and state law for the hearing of such applications before the commission.
D. Duties Of Administrator: Upon receipt of an application which shall be referred to the hearing examiner, the administrator or planning staff shall review the application for completeness. The administrator may require additional information to be submitted by the applicant pursuant to provisions of this title where such information is deemed necessary to further the evaluation by the hearing examiner. Upon finding that the application is complete, the administrator shall certify the same. The administrator shall refer the certified application and all information attached thereto to the hearing examiner. The certification of an application by the administrator shall be considered the effective date of the application, at which time the rights of the applicant shall vest.
E. Conduct Of Hearings: The hearing examiner shall review all information supplied by the administrator prior to the hearing. The hearing shall be conducted in accordance with this title and applicable state law upon a finding that notice was adequate and in compliance with requirements contained in this title and state law. Reasonable time limits may be established at the outset of the hearing, and both the applicant and other members of the public shall be given an opportunity to be heard. Hearings may be continued. A record of all hearings before the hearing examiner shall be kept and maintained pursuant to Idaho Code by the planning and zoning department.
F. Standards And Criteria: In hearing an application, the hearing examiner shall apply the standards and other criteria that are applicable under this title, other ordinances, the comprehensive plan and state law.
G. Findings And Decision:
1. After a hearing is closed, the hearing examiner shall prepare a written document (hereinafter referred to as "findings of fact, conclusions of law and decision") pursuant to Idaho Code section 67-6535(b), as amended.
2. The findings of fact, conclusions of law and decision, as prepared by the hearing examiner, shall be signed and filed with the administrator and shall be available to the applicant and the public no more than forty five (45) days after the close of the hearing.
H. Appeals From Decisions Of Hearing Examiner: The findings of fact, conclusions of law and decision of the hearing examiner may be appealed to the commission in the manner prescribed by section 16.02.050 of this chapter, provided a notice of appeal is timely filed as required by said section. (Ord. 1191, 2015)