§ 32-4-227. HEARING OFFICER'S HEARING - GENERAL REQUIREMENTS.

(a)

In general. Except as provided in § 32-4-106 of this title, final action on a Development Plan may not be taken until after a public quasi-judicial hearing before a Hearing Officer.

(b)

Notice.

(1)

At the direction of the county, notice of the date, time, and place of the Hearing Officer's hearing shall be conspicuously posted on the lot, parcel, or tract that is the subject of the Development Plan at least 20 working days before the hearing.

(2)

The posting of the notice of the date, time, and place of the Hearing Officer's hearing shall remain posted on the lot, parcel, or tract for at least 15 days before the hearing.

(3)

Notice of the date, time, and place of the Hearing Officer's hearing shall be posted by the county on the county's internet website, including on the Zoning and Development hearings calendar and the community update newsletter webpages, at least 15 days before the hearing.

(4)

The Hearing Officer may not consider the Development Plan unless notice for the property subject to the plan has been posted in accordance with this section.

(c)

Hearing files.

(1)

The Department of Permits, Approvals and Inspections shall have responsibility for compiling and maintaining complete files with respect to all hearing proceedings over which the Hearing Officer presides.

(2)

The files shall include at least the following documents:

(i)

The Development Plan;

(ii)

Reports or comments or proposed or requested conditions relating to the plan from county agencies, the community input meeting, community groups, or any person;

(iii)

Exhibits introduced in evidence at the hearing;

(iv)

The final decision rendered by the Hearing Officer; and

(v)

Papers, records, and dockets required under §§ 32-3-106 and 32-3-109 of this article.

(3)

The Department of Permits, Approvals and Inspections shall make available to any person copies of any portion of the Development Plan file upon request and payment of any necessary fees.

(d)

Recording of hearing proceedings.

(1)

The proceedings of any hearing shall be recorded.

(2)

A person may have access to the recorded proceedings upon request and payment of any fees or costs involved.

(e)

Comments and conditions.

(1)

The Hearing Officer shall consider any comments and conditions submitted by a county agency under § 32-4-226 of this subtitle and make the comments and conditions part of the permanent Development Plan file.

(2)

If no comments or conditions are received by the Hearing Officer, the Development Plan shall be considered to be in compliance with county regulations.

(1988 Code, §§ 26-205, 26-206) (Bill No. 18, 1990, § 2, 3-30-1990; Bill No. 1, 1992, § 2, 3-2-1992; Bill No. 29-95, §§ 1, 3, 5-21-1995; Bill No. 69-95, § 10, 7-1-1995; Bill No. 46-01, § 1, 8-4-2001; Bill No. 79-01, § 2, 7-1-2004; Bill No. 101-01, § 1, 1-24-2002; Bill No. 75-03, §§ 12, 13, 7-1-2004; Bill No. 122-10, §§ 12, 30, 1-16-2011; Bill No. 6-18 , § 1, 3-19-2018)

Editor's note:
  Section 2 of Bill No. 6-18 provides that this Act shall not apply to any Zoning Petition or Hearing Officers Hearing filed and scheduled for a hearing prior to the effective date of this Act.