7.03.1 STANDARDS FOR CONDUCT OF QUASI-JUDICIAL HEARINGS
A quasi-judicial decision is a process that involves the finding of facts regarding a specific application of an ordinance and the exercise of discretion when applying the standards of the ordinance. Quasi-judicial decisions include decisions involving variances, special use permits, and appeals of administrative decisions. As a result, the following standard procedures shall be incorporated as appropriate.
A. Contact with Decision-Making Board Members
Contact with any members of a decision-making board prior to the public hearing by any individual regarding the matter is prohibited.
B. Conflict of Interest
Members of the decision-making board shall adhere to the conflict of interest standards outlined in Section 7.01.1.F. If an objection is raised to a member’s participation and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection.
C. Participants to be Sworn
All participants in the public hearing shall be duly sworn in prior to the submission of any testimony.
D. Competent Evidence Required
1. All decisions shall be based on competent evidence entered in as part of the record.
2. The term "competent evidence," as used in this subsection, shall not preclude reliance by the decision-making board on evidence that would not be admissible under the rules of evidence as applied in the trial division of the General Court of Justice if (i) the evidence was admitted without objection, or (ii) the evidence appears to be sufficiently trustworthy and was admitted under such circumstances that it was reasonable for the decision making board to rely upon it.
3. The term "competent evidence," as used in this subsection, shall not be deemed to include the opinion testimony of lay witnesses as to any of the following:
a. The use of property in a particular way would affect the value of other property.
b. The increase in vehicular traffic resulting from a proposed development would pose a danger to the public safety.
c. Matters about which only expert testimony would generally be admissible under the rules of evidence.
E. Cross-Examination Permitted
The cross-examination of witnesses submitting testimony shall be permitted upon request.
7.03.2 DECISION STANDARDS
Each decision-making board under the provisions of this ordinance shall ensure that the rights of petitioners have not been prejudiced because of the decision-making body's findings, inferences, or conclusions. In addition, such decision shall not be:
A. In violation of constitutional provisions, including those protecting procedural due process rights.
B. In excess of the statutory authority conferred upon the town or the authority conferred upon the decision-making board by ordinance.
C. Inconsistent with applicable procedures specified by statute or ordinance.
D. Affected by other error of law.
E. Unsupported by substantial competent and material evidence in view of the entire record.
F. Arbitrary and capricious.
7.03.3 DECISION RECORDS
The following shall become part of the official record of decision:
A. Documents and exhibits submitted to the decision-making board;
B. Meeting minutes;
C. Any party may request, at their expense, a transcript of the proceedings from any recorded audio/video if available.
(Ord. passed 2-14-2017; Ord. passed 2-15-2022)