Procedures for Conducting Administrative Hearings
1. Notice shall be mailed by first class to the applicant or its representative at least 15 days before the hearing.
2. An interested party may be represented by counsel. (An interested party is the applicant or its representative and any other party who satisfactorily proves to the commission that the commission's decision may have an impact on the use and enjoyment of that party's property. An example of such interested party includes, but is not limited to, a next door neighbor.) If the commission determines that two or more interested parties have common interests, it may ask, though not necessarily require, that the interested parties designate a person who shall represent their common interests in the public hearing. An example of such common interests would be those interested parties who live in the same subdivision.
3. An interested party may present evidence by affidavits, letters, reports, live testimony, photographs, videos, or any other medium generally accepted by the courts of this state.
4. An interested party shall have the right to cross-examine any witness testifying for another party, except that only the representative designated under the provisions of paragraph 2 shall have the right to cross-examine a witness on behalf of the interested parties. The chair, in its discretion, may limit cross-examination if repetitive, irrelevant or unduly argumentative.
5. All evidence shall be material and relevant to the issues before the commission; the Chair shall have the right to restrict the presentation of evidence that is not material or relevant, or is repetitive or unduly argumentative.
6. The applicant and interested parties in favor of the application shall have one hour to present their case, including argument and presentation of evidence. Interested parties opposing the application for special approval shall have one hour to present their case, including argument and presentation of evidence. The applicant shall have the right to reserve time for rebuttal.
7. All hearings shall be recorded. If the decision is appealed to the superior court, the recording shall be transcribed.
8. Except when examining witnesses, all remarks by an interested party shall be addressed to the chair.
- The applicant shall have the burden of proof.
- In any matter before the commission, the local government shall be considered an interested party.
11. Within 30 days of the hearing, the commission shall mail its written decision to all interested parties with reasons supporting the decision.
