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(e) The Chair of the Board of County Commissioners or any member <br />temporarily acting as Chair may, in his or her official capacity, administer oaths to <br />witnesses in any hearing before the Board of County Commissioners concerning a <br />special exception or an appeal of School District denial of a CAPS. <br />IV-B-12-c6. Aapeal of School District Denial of a CAPS <br />The applicant for a CAPS which is denied by the School District may, within 30 <br />days ,of the date of the denial, appeal the denial to the Board of County Commissioners. <br />Any such appeal shall be heard by the Board of County Commissioners at an <br />evidentiary hearing before it. At this hearing the School District will present its reasons <br />for the denial of the CAPS and the evidence it relied on in denying the CAPS. The <br />applicant appealing the denial may present its reasons why the CAPS application <br />should have, in its view, been approved and the evidentiary basis it contends supports <br />approval. The Board of County Commissioners may (1) affirm the decision of the School <br />District, (2) remand to the School District for further proceedings in the event evidence <br />is presented at the hearing .before the Board of County Commissioners not brought <br />before the .School District, or (3) issue a CAPS. The Board of County Commissioners <br />will only issue a CAPS if it finds that the CAPS should have been issued by the School <br />District as prescribed in the MOU. A decision of the Board of County Commissioners <br />affirming the School District may be appealed by the applicant for a CAPS by <br />proceedings in the nature of certiorari and as prescribed for an appeal under <br />Subsections IV-B-12-c5(d) and IV-B-12-c5(e) of this section. <br />IV-B-12-c7. Information Required From Applicants <br />The applicant for a CAPS shall submit to the School District all ..information <br />reasonably deemed necessary. by the School .District to determine whether a CAPS <br />should be issued under the provisions of the MOU. An applicant for a CAPS special <br />exception or an applicant appealing a CAPS denial by the School District shall submit to <br />the Board of County Commissioners all information reasonably deemed necessary by <br />the Board of County Commissioners to determine whether a special exception should <br />be granted as provided in Subsection IV-B-12-c5 or for the hearing of an appeal of a <br />School. District denial of a CAPS as provided in Subsection IV-B-12-c6. A copy of a <br />request for a CAPS special exception or of an appeal of a School District denial of a <br />CAPS shall be served on the superintendent of the School District. Service may be <br />made by personal delivery or certified mail, return receipt requested. <br />-65-y- <br />