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Session Laws, 1970
Volume 695, Page 2786   View pdf image
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2786                               Municipal Charters

the question. In the discretion of the Chair, questions on cross-examination
shall be reduced to writing and put by the County Solicitor attending
the Board.

(c)    Opposition's Presentation

1.    Direct examination of opposition's witnesses.

2.    Cross-examination of opposition's witnesses.

(d)    Rebuttal by Applicant—The applicant may present evidence to
rebut any evidence introduced by the opposition, but no new evidence may
be introduced at this time.

(e)    Summation by Petitioner.

(f)     Summation by Opposition.

(g)    Board's Action—The Board may determine to grant or deny
the application
MAKE ITS FINAL DECISION AND ORDER at the end
of the presentation CASE, or it may take the case under advisement for
further deliberation and later decision. For proper reasons shown, the
Board may recess the case to receive additional evidence at a later time
if it deems that it is essential in making the proper decision. The Board
may not consider any additional evidence from either side after the hearing
is concluded, except in a recessed case and then in open hearing. Any
further attempts by either side to influence the decision of the Board after
the hearing is not permitted. Any communications of any kind concerning
the subject matter of the hearing shall not be considered.

2.402—Questions By Members—Any member, upon recognition by
the Chair, may question any witness.

2.403—Maintenance of Order—It shall be the duty of the Chairman
to maintain order during the hearing. Whenever confusion or disorder
arises in the Hearing Room, or demonstrations of approval or disapproval
are indulged in by persons in attendance, it shall be the duty of the Chair
to enforce order on its own initiative without any point of order being
made by a member. Under circumstances of confusion and disorder, the
Chair shall have the power, and it shall be the duty of the Chair, to order
the Hearing Room cleared or to recess the hearing, and the Chair may,
upon its own motion and without a second or putting the matter to a vote
order the hearing adjourned to a fixed hour and date.

2.404—Matters of Law—All matters of law; raised by any party during
a hearing shall be referred to the County Solicitor who shall advise the
Board. The Board after receiving such advice shall sustain or overrule the
objection but all objections thereto shall be entered in the transcript and
shall be made a part of the Record of Proceedings.

2.500—Decision and Order

The final order of the Board denying the petition or granting the
petition shall be in writing, signed by the Chairman and members, attested
by the Secretary and shall be accompanied by findings of fact and con-
clusions of law. The decision and order shall be made a part of the
Record of Proceedings and shall be filed with the Zoning Enforcement
Officer (in matters pertaining to zoning) or the Secretary in all other
matters and maintained as part of the official records of the County.
It shall be proper and permissible for any member who does not sub-
scribe to the majority opinion to prepare a minority opinion. Each case

 

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Session Laws, 1970
Volume 695, Page 2786   View pdf image
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