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GUIDELINES FOR QUASI-JUDICIAL PROCEEDINGS BEFORE THE <br />INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS <br />(`BOARD") <br />General Guidelines <br />These guidelines are for information purposes only, and shall not impose upon the Board any <br />legal requirements greater than those imposed by applicable law. The Board is authorized to <br />deviate from these guidelines, provided the resulting procedure complies with applicable law. <br />No deviation from these guidelines shall be considered a failure of the Board to follow its own <br />rules, policies or procedures. These guidelines are intended for contested quasi-judicial <br />proceedings. County staff is specifically authorized to place uncontested quasi-judicial matters <br />on the consent agenda, in which case the agenda package shall be deemed to be admitted into <br />evidence in support of the Board's decision. <br />Parties <br />The parties to a quasi-judicial proceeding shall be the county, the applicant or person whose <br />property or interests are directly involved in the matter ("applicant"), and, if applicable, any <br />person or entity which has formally intervened in the proceeding ("intervener"). A person or <br />entity seeking intervener status shall (i) request such status as early in the proceedings as <br />possible and, in any event, no later than at the commencement of the hearing, and (ii) <br />demonstrate a substantial interest which may be adversely effected by the Board's decision in a <br />manner different in kind or greater in degree than the public at large. Any person or entity <br />required to be notified of the application under applicable land development regulations (e.g., <br />adjacent property owners or owners of property within a certain distance — usually 300 feet - of <br />the subject property) shall be deemed to have a substantial interest sufficient for intervener <br />status. <br />Pre -Hearing Matters <br />1. Notice to Commissioners. As soon as county staff becomes aware of a quasi-judicial matter <br />which will probably come before the Board for decision, staff shall notify the commissioners of <br />this fact, by email or other acceptable means. The notice shall set forth the matter and the <br />nature of the issues involved, and shall generally remind commissioners of the requirements of <br />these guidelines. <br />2. Ex Parte Communications. Unless otherwise prohibited by statute or ordinance, and subject to <br />disclosure guidelines set forth below, each commissioner shall make his or her own decision <br />whether to engage in ex parte communications with county staff, parties or other interested <br />1 <br />