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AG 2007 06 18
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AG 2007 06 18
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Last modified
9/26/2007 2:40:23 PM
Creation date
11/27/2017 11:30:53 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
9/26/2007
Board
Board of Commissioners
Meeting Type
Regular
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section. The Executive Director shall make a copv of such rules available for inspection <br />uoon the reauest of anv nerson. <br />(c) The Executive Director is authorized to take anv action which is reasonablv necessarv or <br />convenient in considerine a demand for a heazine and in resolvin~ the issues raised <br />therein so long as such action is not contrarv to the nrovisions of this article, anv rules <br />approved bv the Boazd of Directors or other applicable law. <br />(d) The Executive Director mav annoint a hearine officer to conduct anv hearin¢ authorized <br />bv this section. A hearine officer shall have the same authority to conduct a hearine and <br />reach a decision as is provided to the Executive Director• provided that the decision of <br />the hearin¢ officer shall not be £nal but shall be a recommended decision for <br />consideration bv the Executive Director. The Executive Director mav approve such <br />decision without chan¢e, reject the decision and require a new or continued hearine, or <br />issue a different or revised decision which is supported bv evidence presented at the <br />hearing The Executive Director may refer a recommended decision of a hearine officer <br />to the Chairman of the Board or his desi~nee. In the event of a referral, the Chairman of <br />the Boazd or his desi~nee shall have the same authoritv to act upon a recommended <br />decision of a hearine officer as is arovided 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 />desienee shall be final A final order may provide that the action which is the basis for the <br />demand for a hearine is approved without change or mav modify such action in anv <br />manner that is sunuorted bv the evidence nresented at the hearine. <br />(e) The Executive Director mav urovide for anv uart of the hearing to be recorded by an <br />reasonable means includine but not limited to, audio and/or video recordine. <br />steno~rapher or court repor[er A transcript of anv hearine or part thereof which is <br />recorded need not be preoared unless requested The oriQinal of a requested transcriot <br />shall be fi]ed with the Executive Director Each person shall bear the cost of the transcrint <br />which said person requests includin¢ anv coQv thereof <br />(5) Stav of permit conditions pendin¢ hearing <br />(a) Except as r~ovided in Section 4 3(fl(5)(d) each condition of a nermit which has been <br />included in a demand for a heazin~ in accordance with the provisions of this section is <br />staved and shall not take effect until the earliest occurrence of anv one of the followine <br />circumstances~ Such condition is anoroved or is modified by the Executive Director at an <br />adiudicatory heazine' or the applicant and the Executive Director a~ee on the conditions <br />of the permit This subsection shall not be construed to stav any provision of this article or <br />other anplicable law. <br />(b) Upon receipt of a demand for a hearing on a permit ~anted subject to unacceutable <br />conditions the Executive Director shall identify each provision to which no objection was <br />made and such urovisions shall remain in effect; provided that, if the Executive Director <br />determines that it would be unreasonable for a provision to applv when all surroundine <br />circumstances are considered the Executive Director in his sole discretion mav stay such <br />provision until the time set forth in Section 4 3(fl(5)(a). <br />( c) If the unacceptable vermit is a renewal of an existine aermit each provision of the <br />applicanYs existing~ermit will remain i~ effect until the time set forth in Section <br />4 3(fl(5)(a) above• nrovided that such provision from the existine nermit does not <br />conflict with anv arovision of the unacceptable permit which is not staved In the event of <br />33 <br />G-y <br />
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