26.10.620 Procedures for open record appeal hearings.
(1) Procedures for open record appeal hearings shall follow CCC 26.10.530.
(2) Decisions on Appeals. Upon receiving an appeal of the Administrator’s decision, the Hearing Examiner shall perform the following actions as appropriate:
(a) A Hearing Examiner decision following an open record appeal hearing shall include one of the following actions:
(i) Affirm the decision in whole or in part;
(ii) Reverse the decision in whole or in part;
(iii) Remand for further proceedings and/or evidentiary hearing and include a statement of the issues to be reviewed.
(b) Criteria. In making its decision on the appeal, the Hearing Examiner shall find that one of the standards has been met:
(i) The land use decision is an erroneous interpretation of the law;
(ii) The land use decision is not supported by evidence that is substantial when viewed in light of the whole record;
(iii) The land use decision is a clearly erroneous application of the law to the facts;
(iv) The land use decision is outside the authority or jurisdiction of the Hearing Examiner.
(3) Findings and Written Decision. The Hearing Examiner shall make their decision with written findings and conclusions consistent with CCC 26.10.550 (either those recommended by staff or findings and conclusions prepared by the Hearing Examiner). Said written decision should be forwarded to the applicant, appellant, and parties of record no later than 60 days from the date of filing of the appeal unless otherwise agreed by the applicant.
(4) The County shall electronically record the proceedings. Copies of tapes of the proceedings and written transcripts are provided upon request and payment of reasonable fees.
(5) Record of Appeal. For any open record appeal hearing, the record shall consist of the following:
(a) Written findings and conclusions;
(b) Documents admitted to the record.