(A) Building and Zoning Committee. The hearing shall be before the Building and Zoning Committee of the County Board.
(B) Pre-hearing and hearing notice. The county shall schedule and provide notice of the date, time and place of the pre-hearing conference and hearing. The pre-hearing conference shall be held at least three weeks prior to the hearing. The hearing shall be held no later than 45 calendar days after receipt for the hearing or by mutual agreement of the parties.
(C) Procedures. During the pre-hearing conference and hearing, the following process shall be followed.
(1) The pre-hearing conference shall define the issues, schedule the exchange of witness lists and documentary evidence, seek agreement on the testimonial evidence, determine whether intended evidence is cumulative and repetitive, and consider all other matters that will assist in a fair and expeditious hearing.
(2) Each party shall exchange all relevant information and documentary evidence at least one week prior to the hearing date. Such information shall include all evidence intended for introduction at the hearing and includes, but is not limited to, the following: exhibits; statements; reports; witness lists including a description of the facts and opinions to which each is expected to testify; photographs, slides, demonstrative evidence. Evidence not exchanged in accordance with this provision will not be considered in the hearing unless good cause is shown.
(3) The hearing shall be public and shall be recorded.
(4) All witnesses shall testify under oath or affirmation.
(5) The hearing is subject to the general rules of evidence with latitude necessary to gain facts or information. Irrelevant, immaterial or unduly repetitious evidence shall be excluded.
(6) The county shall have the burden of proof through preponderance of evidence.
(7) The county, licensee or applicant, and additional parties as determined by the Building and Zoning Committee, shall present evidence in that order. Each party shall have the opportunity to cross-examine the witnesses of the other party. The Environmental Committee may examine witnesses.
(8) The Building and Zoning Committee shall make a written finding of fact and conclusions based upon the evidence provided at the hearing.
(9) The cost of preparing a record shall be borne by the applicant or licensee.
(10) Appeal of a decision by the Building and Zoning Committee shall be made to the Circuit Court within 35 calendar days following the receipt of the Environmental Committee decision.
(1993 Code, § 112.22) (Ord. 94-09, passed 7-20-1994; Ord. 2024-01, passed 3-5-2024)