(A) Hearings shall be conducted on an as needed basis and in an impartial manner. If a party fails to appear after proper service of notice of a hearing, the Board may proceed with the hearing and make its decision in the absence of the party, or may postpone the hearing, keeping in mind that a decision must be rendered within 30 days from the date of the appeal. If a quorum of the Construction Board of Appeals (in other words, majority of the members) is not present, the appealing party should be given the right to request a postponement of the hearing.
(B) Interested parties served with a notice of hearing may file written answers before the date set for the hearing. Parties shall be given an opportunity to present oral and written arguments on the issues of law and policy and an opportunity to present evidence and argument on issues of fact. A party may cross-examine a witness, including the author of a document prepared by, on behalf of, or for use of the enforcing body and offered in evidence. A party may submit rebuttal evidence.
(C) The Chairperson or a designated person should act as the presiding officer and may do any or all of the following:
(1) Administer oaths and affirmations;
(2) Regulate the course of the hearings; and
(3) Direct parties to confer to consider simplification of the issues by the consent of the parties.
(D) The business which the Board of Appeals may perform shall be conducted at a public meeting of the Board of Appeals held in compliance with Public Act 267 of 1976, being M.C.L.A. §§ 15.261 through 15.275. Public notice of the time, date and place of the meeting shall be given in the manner required by Public Act 267 of 1976, being M.C.L.A. §§ 15.261 through 15.275.
(E) A record of decisions made by the Board of Appeals, properly indexed, and any other writing prepared, owned, used, in the possession of or retained by the Board of Appeals in the performance of an official function shall be made available to the public in compliance with Public Act 442 of 1976, being M.C.L.A. §§ 15.231 et seq.
(Ord. 17-1, passed 8-10-2017)