Chapter 19.23
HEARINGS OFFICER REVIEW PROCEDURES
Sections:
19.23.020 Appointment and duties.
19.23.040 Public hearing and notice.
19.23.050 Review and decision.
19.23.010 Purpose.
The purpose of this chapter is to provide for the conduct of an impartial public hearing by a Hearings Officer for applications which involve significant impacts on the neighborhood and/or facilities and services, or involve complex or difficult legal or factual issues or criteria. [2005 RLDC § 23.010.]
19.23.020 Appointment and duties.
A. The Board of County Commissioners shall appoint the Hearings Officer to serve at the pleasure of the Board. The Board may appoint more than one Hearings Officer.
B. The Hearings Officer shall be knowledgeable and proficient in the land use laws and procedures of the state of Oregon and Josephine County.
C. The Hearings Officer is authorized to act on behalf of the Board of County Commissioners in making land use decisions regarding matters of original jurisdiction as granted by this title, or as referred to the Hearings Officer by the Planning Director or the Board. [2005 RLDC § 23.020.]
19.23.030 Rules of procedure.
Public hearings conducted by the Hearings Officer shall follow the procedures for quasi-judicial land use hearings as set forth in Chapter 19.22 JCC, and as further governed by Division III of this title, Public Hearings, Notices and Appeals. [2005 RLDC § 23.030.]
19.23.040 Public hearing and notice.
A. The Director shall administer all hearings before the Hearings Officer by scheduling and rescheduling hearings for dates, times and places certain, by providing notices to applicants, neighbors and interested persons and agencies, by providing the Hearings Officer with background and analytical reports regarding each request, and by assigning one or more planners to present staff reports and assist in the conduct of the hearings.
B. The Director shall have authority to continue or reschedule any public hearing to a new place, date and time certain at the request of the applicant when the request is made prior to the issuance of public notice by mail or publication. This authority is permissive and is intended to accomplish basic fairness while minimizing inconvenience. In all cases the Director is authorized to refer the request for a continuance to the Hearings Officer for consideration at the scheduled public hearing.
C. Requests for a continuance made after the mailing or publication of notice for the hearing must be considered by the Hearings Officer at the public hearing. In the event the continuance cannot be given to a place, date and time certain at the public hearing, a renoticing and/or new publication fee must be submitted within seven days from when the continuance is orally granted or the application shall be deemed withdrawn. [2005 RLDC § 23.040.]
19.23.050 Review and decision.
A. Public hearings conducted by the Hearings Officer shall be called to order at the date and time specified in the public notice. The hearing shall conform to the requirements of Chapter 19.31 JCC.
B. The Hearings Officer may grant continuances as needed or helpful to permit a full and fair hearing, and the decision may take into account the special circumstances of any participant in the hearing, as well as the requirement to conclude action on the request (including appeals) within the statutory time limit on land use decisions. The decision to grant or not grant a continuance is not appealable. Applicants can request a reasonable extension of the statutory time limit as a condition of a continuance.
C. The Hearings Officer may continue a hearing to a place, date and time certain to conduct a site visit. The site visit shall be considered a part of the hearing, and shall be open to all participants. The Hearings Officer may make factual inquiries regarding the physical location, layout and other physical features or circumstances of the site from staff, but no substantive testimony shall be received from the parties or witnesses. The Hearings Officer shall summarize the site visit on the record when the hearing reconvenes.
D. The Hearings Officer shall grant continuances or hold the record open as provided in JCC 19.31.120(J).
E. At the conclusion of the evidentiary hearing, the Hearings Officer may take any one of the following actions: (1) make a decision to outright approve; (2) make a decision to conditionally approve; (3) make a decision to deny the request; or (4) continue the hearing to a date and time or place certain for further evidence or decision only.
F. The final decision of the Hearings Officer shall be in the form of written findings of fact meeting the requirements of state law and JCC 19.31.130(C). [2005 RLDC § 23.050.]
19.23.060 Appeal.
Final actions of the Hearings Officer may be appealed to the Board within 10 days from the date notice of the decision is mailed to the participants as set forth in Chapter 19.33 JCC. [2005 RLDC § 23.060.]