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7.13 APPEAL HEARING.
1.   The Board of Supervisors shall hear applicant’s appeal de novo at the time scheduled in the agenda, unless continuance is requested by applicant. The parties shall be permitted to present whatever evidence desired regarding the appeal, including testifying, having other witnesses testify, offering documentary evidence, and reasonable cross examination of other witnesses, if present. The technical rules of evidence shall not apply. The Board may set reasonable times for the present action of the parties at any appeal. The applicant’s file shall be admitted into evidence. The Board may question the applicant, and the Director shall present the board with the reasons for the determination. The appeal will be tape recorded. The hearing before the board will not be an open meeting under Chapter 21 of the Code of Iowa, since the confidential files of the applicant will be in evidence. When the Board deliberates the appeal, no parties shall be present.
2.   The Board shall make a decision on the appeal within five working days. The Board’s decision shall be only on the basis of the evidence submitted before the Board. The applicant shall be informed immediately by telephone the decision and within five working days thereafter the Board shall mail to the applicant at his or her last known address, by ordinary mail, its decision in writing. The decision shall state the reasons for the action, together with any statute or ordinance applied. The Board’s decision shall also state that an appeal may be taken from the Board’s determination, as provided below, and the method by which such appeal may be taken.
3.   Any appeal to the District Court shall be allowed by the applicant from the Board’s decision within the time and by the manner and procedures established under the Iowa Administrative Procedures Act, Chapter 17A, Code of Iowa.