A. The Secretary shall send notices of a hearing to the applicants as well as parties of interest. Said notices shall be mailed not less than five (5) days prior to the hearing date. Notices of a hearing shall be advertised once in the local newspaper of general circulation not less than seven (7) days prior to the hearing date and posted as required by law.

B. The applicant and any person that may be affected by the decision may appear on their own behalf or be represented by counsel.

C. If no appearance is made at the hearing by the applicant, the Board may continue the hearing or dispose of the matter on the record before it and hear those who have appeared in response to the notice of hearing.

D. Hearings on cases shall normally follow this order: Building Safety Administrator report; Advice from and questions to Town Attorney; Jurisdiction determination; Hearing of the Applicant; Hearing of those in support of Applicant; Hearing of protests; Rebuttals as permitted by the Board; and Closing Hearing.

E. In determining jurisdiction, the opinion of the Town Attorney may or may not be recorded in the case. Whenever it appears of record that the Board may lack jurisdiction, the Chairman shall so advise interested parties present. If there is objection to the Town Attorney’s opinion that jurisdiction is lacking, the Board may hear argument on the jurisdictional issues and may require the filing of written statements or briefs thereon. The Board may proceed with the hearing and reception of evidence in any event, and may reserve its determination of the jurisdictional issue until after the hearing is closed, and make a decision on the merits as if it had jurisdiction. If there is no objection to the Town Attorney’s opinion that jurisdiction is lacking, the Board may make an immediate determination and close the hearing upon find that it lacks jurisdiction. If the Board determines by motion that it lacks jurisdiction, the Secretary shall record the motion as a decision to deny the appeal.

F. Orderly procedure requires that each side shall proceed without interruption by the other, that all arguments and pleadings shall be addressed to the Board, and that there be no questioning or argument between individuals.

G. During the hearing, the Chairman, Board members, and members of the Staff may ask questions and make appropriate comments pertinent to the case; however, no member should debate or argue an issue with the applicant.

H. The Chairman and Board members may direct any question to the applicant or any person speaking in order to bring out all relevant facts, circumstances, and conditions affecting the case and may call for questions from members of the Staff.

I. All supporting evidence for and against each case shall be presented to the assembled Board. The applicant shall be responsible for the presentation of all information supporting the case.

J. The burden of proof for satisfying the findings made by the Board shall rest with the prevailing party.

K. The Board may take a case under advisement for later consideration and determination, or may defer action whenever it concludes that additional evidence is needed or further study is required.

L. Cases may be postponed by prior arrangement with the Secretary. ((O)02-34, 11/06/2002)