§ 32-4-228. SAME - CONDUCT OF THE HEARING.

(a)

Hearing conducted on unresolved comment or condition.

(1)

The Hearing Officer shall take testimony and receive evidence regarding any unresolved comment or condition that is relevant to the proposed Development Plan, including testimony or evidence regarding any potential impact of any approved development upon the proposed plan.

(2)

The Hearing Officer shall make findings for the record and shall render a decision in accordance with the requirements of this part.

(b)

Hearing conduct and operation. The Hearing Officer:

(i)

Shall conduct the hearing in conformance with Rule IV of the Zoning Commissioner's rules;

(ii)

Shall regulate the course of the hearing as the Hearing Officer considers proper, including the scope and nature of the testimony and evidence presented; and

(iii)

May conduct the hearing in an informal manner.

(c)

Oaths. The Hearing Officer may:

(1)

Administer oaths; and

(2)

Require witnesses to testify under oath.

(1988 Code, § 26-206) (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)