BC 2013 08 19 Regular Meeting - Laserfiche WebLink

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August 19, 2013 (Regular Meeting) Page 1709 the Board of Directors or the Executive Director as hereinafter set forth. If the demand for a hearing is not made in accordance with the provisions of this section, the Executive Director shall reject the demand and any right to a hearing shall be terminated. If any person demanding a hearing shall fail to comply with an order of the Executive Director or with any rules issued by the Executive Director or approved by the Board of Directors concerning the conduct of the hearing, the Executive Director may reject the demand and any right to a hearing shall be terminated. Within ninety (90) days of the receipt of the written demand for a hearing, the Executive Director shall conduct a hearing and issue a final order or decision. The Executive Director shall transmit a copy of the final order or decision to the person demanding the hearing by registered or certified mail. No further review of the Executive Director's final order or decision will be allowed, except as set forth in Section 4. 10 (g). (Ia2) The Executive Director may submit rules to the Board of Directors for approval concerning the conduct of the hearing and any other matter associated with the hearing. Such rules may impose requirements in addition to the provisions of this section. Upon approval by the Board of Directors, such rules shall be as effective as if set forth in this section. The Executive Director shall make a copy of such rules available for inspection upon the request of any person. (e3) The Executive Director is authorized to take any action which is reasonably necessary or convenient in considering a demand for a hearing and in resolving the issues raised therein so long as such action is not contrary to the provisions of this article, any rules approved by the Board of Directors or other applicable law. (44-) The Executive Director may appoint a hearing officer to conduct any hearing authorized by this section. A hearing officer shall have the same authority to conduct a hearing and reach a decision as is provided to the Executive Director; provided that, the decision of the hearing officer shall not be final but shall be a recommended decision for consideration by the Executive Director. The Executive Director may approve such decision without change, reject the decision and require a new or continued hearing, or issue a different or revised decision which is supported by evidence presented at the hearing. The Executive Director may refer a recommended decision of a hearing officer to the Chairman of the Board or his designee. In the event of a referral, the Chairman of the Board or his designee shall have the same authority to act upon a recommended decision of a hearing officer as is provided to the Executive Director. The decision of the Executive Director or, in the event of a referral, of the Chairman of the Board or his designee shall be final. A final order may provide that the action which is the basis for the demand for a hearing is approved without change or may modify such action in any manner that is supported by the evidence presented at the hearing. (e5) The Executive Director may provide for any part of the hearing to be recorded by any reasonable means, including but not limited to, audio and /or video recording, stenographer, or court reporter. A transcript of any hearing, or part thereof, which is recorded need not be prepared unless requested. The original of a requested transcript shall be filed with the Executive Director. Each person shall bear the cost of the transcript which said person requests, including any copy thereof. ( -&e) Stay of permit conditions pending hearing. (e l ) Except as provided in Section 4.3(f) (5 ` (d) 10 ( e ) ( 4 ) each condition of a permit which has been included in a demand for a hearing in accordance with the provisions of this section is stayed and shall not take effect until the