§ 3-6-303. HEARING.

(a)

Hearing on the record.

(1)

(i)

Except as provided in subsection (b) of this section, the Board of Appeals hearing shall be limited to the record created before the Hearing Officer, which shall include:

1.

Except as provided in paragraph (2) of this subsection, the recording of the testimony presented to the Hearing Officer;

2.

All exhibits and other papers filed with the Hearing Officer; and

3.

The written findings and final order of the Hearing Officer.

(ii)

If the violator requests a transcription of the recording, the violator shall pay the cost of the transcription.

(2)

In lieu of a recording, the violator and the Code Official or the Director, as applicable, may present written summaries of the testimony presented to the Hearing Officer.

(b)

Hearing on the joint statement.

(1)

If the violator and Code Official or the Director, as applicable, agree that the questions presented for Board review can be determined without an examination of the entire record, they may file a single joint statement that:

(i)

States the issues and how they were decided by the Hearing Officer; and

(ii)

Includes a recitation of only those facts or allegations that are essential to a decision of the issues presented.

(2)

The statement, any exhibits accompanying it, and the final order of the Hearing Officer shall constitute the record in the action for Board review.

(1988 Code, § 1-7) (Bill No. 39-97, § 1, 6-6-1997; Bill No. 31-99, § 3, 7-1-2004; Bill No. 80-01, § 1, 11-23-2001; Bill No. 82-06, § 3, 8-24-2006)