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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
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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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f. Each Intervener's (if any) Presentation. Each intervener (if any) makes his or her <br /> presentation and each party has an opportunity to cross-examine the intervener's <br /> witnesses; <br /> g. Input from Members of the Public. Members of the public who were sworn in by <br /> the clerk address the commission. Each party shall have an opportunity to cross- <br /> examine members of the public; however, parties are reminded that members of <br /> the public are not parties to the proceeding, and while the parties shall have the <br /> right to cross-examine on all relevant issues, parties shall refrain from cross- <br /> examination which is harassing or rude to members of the public; <br /> h. Final Presentations by the Parties. Each party has a final opportunity to present <br /> evidence, in the following order: county staff, each intervener (if any) and the <br /> applicant, who shall have the right to make the final presentation; <br /> i. Final Arguments by the Parties. Each party has an opportunity to present final <br /> arguments to the Board, in the following order: county staff, each intervener (if <br /> any) and the applicant, who shall have the right to make the final argument; <br /> j. Record. The Chairperson confirms that all records and other tangible evidence <br /> have been admitted into evidence and are in the hands of the clerk; <br /> k. Close the Public Hearing. <br /> Decision by the Board <br /> 1. Decision. The Board deliberates and makes its decision based on substantial, competent <br /> evidence presented at the hearing and the applicable law. <br /> 2. Substantial, Competent Evidence. "Substantial" evidence is evidence which provides a <br /> factual basis from which a fact in issue may reasonably be inferred. "Competent" evidence is <br /> evidence which is sufficiently relevant and material to the ultimate question that a reasonable <br /> person would accept it as adequate to support the conclusion reached. Relevant, fact-based <br /> statements, whether from experts or not, generally constitute competent evidence. General <br /> statements of support or opposition to a project, standing alone, do not constitute competent <br /> evidence. <br /> 3. Essential Requirements of Applicable Law. The Board's decision shall also be consistent <br /> with the essential requirements of applicable law. The County Attorney will advise the Board <br /> with respect to the essential requirements of applicable law. <br /> 4 <br />
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