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(a) Members of the decision-making body who receive evidence after conclusion of a hearing shall not participate in the vote on the matter except where the matter is reheard after appropriate notice pursuant to decision-making body order.
(b) Following completion of the hearing, the decision-making body shall make its decision. Unless otherwise provided by law, the decision-making body shall render its decision within 10 days following the close of the public hearing.
(c) Whenever the Board of Supervisors holds a hearing and thereafter takes no action because a motion on the item failed to carry by the required affirmative vote, the Board may at that meeting continue the matter for future consideration. If the Board does not do so, any member of the Board may, within thirty days after the date on which the motion failed to carry, docket with the Clerk of the Board a request that the Board reconsider the matter. If no such request is docketed within said thirty day period, or if the Board after reconsidering the matter again fails to take action because a motion thereon fails to carry by the required affirmative vote, then the following shall occur:
(1) If the matter is an appeal from a decision of a lower decision-making body, the decision from which the appeal was taken shall be deemed sustained.
(2) If the matter is one which by statute or ordinance is under the original jurisdiction of the Board of Supervisors, so that no lower decision has been made, then the matter shall be deemed disapproved.
(d) In cases where a decision-making body lacked jurisdiction to make the original decision in any planning or zoning matter, whether due to improper notice or other defect, an application for a hearing de novo on such matter will be entertained by the decision-making body.
(e) Subject to the provisions of Chapter 4 (commencing with Section 86.401) of Division 6 of Title 8 of the San Diego County Code, relating to appeals of environmental determinations, no application for rehearing or reconsideration of matters involving major and minor subdivision map approvals or denials, special use permits, variances and other adjudicatory proceedings will be entertained by a decision-making body.
(f) Subject to the provisions of Chapter 4 (commencing with Section 86.401) of Division 6 of Title 8 of the San Diego County Code, relating to appeals of environmental determinations, an application for rehearing or reconsideration of amendments to The Zoning Ordinance, including but not limited to reclassification of land, general plan adoptions and amendments, and specific plan adoptions and amendments, will be entertained by a decision-making body only in those instances involving intentional or negligent misrepresentation of facts at the original hearing.
(g) A request for hearing de novo, rehearing, or reconsideration under the guidelines set out above will be accepted and considered only upon written application signed by the applicant therefore and setting out in detail the reasons for such request including a statement of all facts upon which the application is based.
(Amended by Ord. No. 4795 (N.S.), effective 1-6-77; amended by Ord. No. 7953 (N.S.), effective 9-5-91; amended by Ord. No. 8099 (N.S.), effective 7-31-92; amended by Ord. No. 9548 (N.S.), effective 5-9-03)
(a) Members of the decision-making body may contact County staff at the level of Department Head, either personally or in accordance with an adopted departmental policy. Such contacts shall, however, be limited to a factual inquiry not involving either the taking of administrative action or the compilation of information not already available and shall not involve matters subject of a hearing except as permitted pursuant to Section 375.8.
(b) All contacts involving complaints, communications regarding administrative matters, requests for information not readily available, or requests involving the promulgation of an opinion or position shall be made in writing to the appropriate Department Head, who shall be responsible for referral of the contacts to the appropriate staff member and for insuring the complete records in writing shall be kept on all such contacts. Such records shall include the date the contact was received, the department and the name(s) of the staff member(s) who actually performed any necessary work, a record of any response prepared, the date the response was forwarded and the names of all persons to whom the response was forwarded. Replies to such communications shall be published to each member of the decision-making body.
(c) No member of the decision-making body shall request from County staff the preparation of a report or other written compilation of material, not readily available and involving the expenditure of significant staff time (8 hours or more), unless the decision-making body by motion duly made and adopted shall have approved the preparation of a report or the compilation of the material.
(Amended by Ord. No. 6946 (N.S.), effective 5-24-85)
No writings of more than five pages in length, submitted by any member of the public, shall be received as evidence by the Board of Supervisors at any hearing subject to this Article unless they are filed with the Clerk no later than the close of business on the third working day before the matter to which they relate is scheduled to be heard. For good cause shown, the Board may receive as evidence writings which have not been timely filed with the Clerk. The Board may impose reasonable conditions on receiving late-filed writings, including that the hearing be continued.
(Added by Ord. No. 7584 (N.S.), effective 3-3-89)
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