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2011-069
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Last modified
9/20/2017 11:18:25 AM
Creation date
10/5/2015 9:12:10 AM
Metadata
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Resolutions
Resolution Number
2011-069
Approved Date
09/06/2011
Agenda Item Number
13.B.
Resolution Type
Establishing Guidelines
Entity Name
Quasi Judicial Proceedings
Subject
Guidelines for Quasi Judicial Proceedings
Supplemental fields
SmeadsoftID
10233
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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 />
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