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AG 2013 08 19
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AG 2013 08 19
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Last modified
12/4/2013 4:47:42 PM
Creation date
11/27/2017 10:59:19 AM
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Meeting Minutes
Doc Type
Minutes
Meeting Minutes - Date
8/19/2013
Board
Board of Commissioners
Meeting Type
Regular
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(b2) The Executive Director may submit rules to the Board of Directors for approval <br />concerning the conduct of the hearing and any other matter associated with the hearing. <br />Such rules may impose requirements in addition to the provisions of this section. Upon <br />approval by the Board of Directors, such rules shall be as effective as if set forth in this <br />section. The Executive Director shall make a copy of such rules available for inspection <br />upon the request of any person.. <br />(63) The Executive Director is authorized to take any action which is reasonably necessary or <br />convenient in considering a demand for a hearing, and in resolving the issues raised <br />therein so long as such action is not contrary to the provisions of this article, any rules <br />approved by the Board of Directors or other applicable law. <br />(d4) The Executive Director may appoint a hearing officer to conduct any hearing authorized <br />by this section. A hearing officer shall have the same authority to conduct a hearing and <br />reach a decision as is provided to the Executive Director; provided that, the decision of <br />the hearing officer shall not be final but shall be a recommended decision for <br />consideration by the Executive Director. The Executive Director may approve such <br />decision without change, reject the decision and require a new or continued hearing, or <br />issue a different or revised decision which is supported by evidence presented at the <br />hearing. The Executive Director may refer a recommended decision of a hearing officer <br />to the Chairman of the Board or his designee. In the event of a referral, the Chairman of <br />the Board or his designee shall have the same authority to act upon a recommended <br />decision of a hearing officer as is provided to the Executive Director. The decision of the <br />Executive Director or, in the event of a referral, of the Chairman of the Board or his <br />designee shall be final. A final order may provide that the action which is the basis for the <br />demand for a hearing is approved without change or may modify such action in any <br />manner that is supported by the evidence presented at the hearing. <br />(0) The Executive Director may provide for any part of the hearing to be recorded by any <br />reasonable means, including but not limited to, audio and/or video recording, <br />stenographer, or corn[ reporter. A transcript of any hearing, or part thereof, which is <br />recorded need not be prepared unless requested. The original of a requested transcript <br />shall be filed with the Executive Director. Each person shall bear the cost of the transcript <br />which said person requests, including any copy thereof, <br />(3e) Stay of permit conditions pending hearing.. <br />(a1) Except as provided in Section 43(f)(5)(d) 10 (e) (4) each condition of a permit which has <br />been included in a demand for a hearing in accordance with the provisions of this section <br />is stayed and shall not take effect until the earliest occurrence of any one of the following <br />circumstances: Such condition is approved or is modified by the Executive Director at an <br />adjudicatory hearing; or the applicant and the Executive Director agree on the conditions <br />of the permit. This subsection shall not be construed to stay any provision of this article or <br />other applicable law, <br />(b2) Upon receipt of a demand for a hearing on a permit granted subject to unacceptable <br />conditions, the Executive Director shall identify each provision to which no objection was <br />made and such provisions shall remain in effect; provided that, if the Executive Director <br />determines that it would be unreasonable for a provision to apply when all surrounding <br />circumstances are considered, the Executive Director in his sole discretion may stay such <br />provision until the time set forth in Section 44(4)(&)(a) 10 (e) (1). <br />52 <br />Attachment number 8 <br />H -3 Page 307 <br />
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