§ 32-3-108. SAME - AVAILABILITY OF FILES.

(a)

Zoning Commissioner's file to remain part of case file on appeal. When an appeal is taken before the Board of Appeals from a decision of the Zoning Commissioner, the Zoning Commissioner's hearing file shall remain part of the Board's case file.

(b)

Contents of file as evidence.

(1)

If there is no objection by any party, the Zoning Commissioner's file and all of the documents contained in the file as required by § 32-3-107 of this subtitle shall be considered as evidence by the Board of Appeals without authenticating testimony.

(2)

(i)

If an objection is posed by a party to any item in the Zoning Commissioner's hearing file, the party that offers the item as evidence before the Board shall be required to authenticate the item offered by testimony of a proper witness.

(ii)

The Board of Appeals shall notify the witness.

(1988 Code, § 26-129) (Bill No. 18, 1990, § 2, 3-30-1990; Bill No. 103-02, § 2, 7-1-2004)