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2009 Planning Commission Rules
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2009 Planning Commission Rules
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11/30/2011 4:38:55 PM
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RULE 4. CONTESTED CASE PROCEDURE <br />PART 1. General Provisions. <br />4-1Purpose <br />This rule governs contested case procedure before the Commission whenever it is <br />required by law; provided that any procedure in a contested case may be modified or <br />waived by stipulation of the parties, and informal disposition may be made of any <br />contested case by stipulation, agreed settlement, consent order, or default. This <br />procedure shall be used in all cases where the action of the Commission is the final action <br />of a County official or agency, prior to the opportunity for appeal to Circuit Court, <br />whenever it is required. It shall therefore be followed in all cases where State statutes <br />provide for direct appeal from the Commission to Circuit Court. <br />4-2Conflict with Other Time and Notice Requirements <br />In any case of conflict of time and notice requirements between this rule and any other <br />rule of the Commission, the provisions of this rule shall be applied. <br />4-3Service of Notices, Documents, and Other Papers <br />(a) Upon Whom Served. All notices, documents, and other papers shall be served on <br />the Commission and all parties, except that where a party is represented, such <br />representative shall be served, rather than the party. <br />(b) Method of Service. Service shall be made by personal delivery, first-class mail, <br />certified or registered mail or by other means authorized by law. If by mail, <br />service shall be regarded as complete upon the mailing of an item which is <br />properly stamped and addressed. <br />(c) Additional Time after Service by Mail. Whenever a party has the right or is <br />required to do some act within a prescribed period after the service of a notice, <br />document, or paper upon that party by mail, two days shall be added to the <br />prescribed period. <br />4-4Presiding Officer <br />(a) Person Presiding. The chairperson of the Commission, one of its members, or a <br />hearing officer duly appointed and designated, shall preside at the hearing. <br />(b) Powers. The presiding officer controls the course of hearings, administers oaths, <br />rules on questions of evidence, holds appropriate conferences before or during <br />hearings, rules upon all objections or motions which do not involve a final <br />determination of the proceeding, receives offers of proof, fixes the time for the <br />filing of briefs, disposes of any other matter that normally and properly arises in <br />4-1 <br /> <br />
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