Orange County NC Website
(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 />15.2.6 Appeal 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 Sections <br />15.2.5(d) and 15.2.5(e) of this Article. <br />15.2.7 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 Section 15.2.5 or for the hearing of an appeal of a School <br />District denial of a CAPS as provided in Section 15.2.6. A copy of a request for a CAPS <br />special exception or of an appeal of a School District denial of a CAPS shall be served <br />on the superintendent of the School District. Service may be made by personal delivery <br />or certified mail, return receipt requested. <br />15 -5 <br />