07-05-03: BOARD, COMMISSION OR HEARING EXAMINER HEARING PROCEDURES:

   (1)   The following hearing procedures shall be followed in all matters heard by the presiding party:

      A.    The presiding party shall adhere to the requirements of chapter 1, article 17 of this code.

      B.    Prior to the commencement of a hearing, a sign up sheet shall be provided for prospective witnesses to sign.

      C.    The hearing shall be opened with a statement of the rules and procedures.

      D.    The chairman or his designee shall administer the oath or affirmation to the witnesses, except at legislative hearings where public input is solicited.

      E.    The applicant shall provide reports and testimony which will provide information necessary to enable the presiding party to render a decision on an application.

      F.    The presiding party may refuse to permit any person to testify who has not signed the witness list, is disruptive of the hearing proceedings, or is belligerent.

      G.    The presiding party shall approve, modify, or deny an application after reviewing whether or not the application satisfies the applicable provisions of the comprehensive plan, ordinances, and the local land use planning act, Idaho Code title 67, chapter 65. The applicant carries the burden of persuasion.

      H.    When the presiding party makes a recommendation to the board the FCOs, the minutes, and documents regarding the notice of hearing shall be certified to the board and shall be included in the official record of the board.

      I.    The presiding party shall issue FCOs, reflecting its final decision.

      J.    A copy of the signed FCOs shall be mailed to the applicant and/or the applicant's representative. (Ord. 10-006, 8-16-2010)