01-17-11: RECORD:

   (1)   Staff Materials: The staff report and any staff presentation shall automatically become part of the record as shall any materials submitted from all parties by the materials deadline(s). All verbal testimony given at the hearing(s) also shall automatically become part of the record.

   (2)   Remand:

      A.   The Board may remand an application/appeal back to the initial hearing body for reconsideration of their decision if the Board determines that the official record is incomplete, or that the application has had substantial additions, amendments or modifications from the application presented to the Commission, Hearing Examiner, or Director or that procedural steps required were not followed. The taking of additional testimony and evidence on remand shall be limited to those issues stated by the Board as per its written directive. Additional notice shall be required.

      B.   Additional remand fees shall be paid by the applicant/appellant according to the County's fee schedule. Remand fees may be waived for good cause.

      C.   If after hearing the new testimony or evidence as directed by the Board, the Commission, Hearing Examiner or Director's decision or recommendation is changed, new recommendations and/or findings of fact and conclusions of law shall be sent to the Board for further action. If the Commission, Hearing Examiner, or Director's decision or recommendation is not changed, supplemental explanation and/or expanded recommendations and/or findings of fact and conclusions of law shall be sent back to the Board for further action.

   (3)   Closing of the Record: At the conclusion of a hearing, the Presiding Party shall close the record unless the Presiding Party determines, in its discretion, additional information and/or materials is required, in which event, it may proceed as follows:

      A.   Continue the hearing to a date certain, or uncertain, and close the record with the exception of allowing the submission of specifically requested information; or

      B.   Continue the hearing to a date certain, or uncertain, and leave the entire record open for the submission of additional evidence, at which time it will automatically be closed without further action of the Presiding Party; or

      C.   Continue the hearing to a date certain for the purpose of receiving additional evidence and conducting such further proceedings as may, in its discretion, be advisable. (Ord. 97-022, 8-1-1997; amd. Ord. 24-004, 4-25-2024)