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John Roberts said it is not unusual for an advisory board to also serve as a quasi- <br /> judicial body, or for a legislative board to also serve as quasi-judicial body. He said there is <br /> not usually extra training, but there is legal counsel available. <br /> Bob Marotto said his experience with the ASAB in other locales is that these boards <br /> hear dangerous dog appeals and are obligated to act within the law with the provision of <br /> evidence. <br /> Commissioner Price asked if there is a rigid schedule of issues in making decisions. <br /> Annette Moore said this is done now. <br /> Susan Elmore said she has served on the appeals board for many years, and the law is <br /> followed very rigidly. She said statements are heard from both parties, and all documents are <br /> read. She said this is taken very seriously and it has been 100% fair in her experience. <br /> Bob Marotto said the board does have findings of fact that are the basis for a final <br /> determination. He said, in the case of a hearing, the elements are conducted and a document <br /> is completed, signed by the board and given to both parties. He said these are quasi-judicial <br /> hearings that are mandated by state law. He said the Board of County Commissioners has <br /> given this authority to the ASAB. He said there is an option to appeal to the Superior Court as <br /> a second step in the appeal process. <br /> Commissioner Dorosin referred to page 445, regarding the at-large language. He said <br /> one issue with the language is the broad discretion it offers. He noted that Susan Elmore used <br /> more specific language — "domestic livestock at large, through no fault of the owner." He said <br /> this specificity is needed to make things more clear. <br /> Commissioner Pelissier said some of the concerns of the public relate to the watchdog <br /> issue. She asked if cases have occurred where the owner ends up with a dog labeled vicious <br /> when the owner did not know that the dog would bite, because this not a normal behavior for <br /> the animal. <br /> Bob Marotto said there may be a known propensity of the owner that the dog will bite or <br /> it may be a trait that has not been seen yet. He said there may be a trigger that sets off the <br /> behavior, such as chasing a bike. He said the number of bites is large and the reasons are <br /> varied. <br /> Commissioner Pelissier asked for clarification on the legal definitions for what would be <br /> considered provocation. <br /> Annette Moore said a definition for provocation is included on page 29 of the packet, <br /> and this is a new definition that did not exist before. <br /> Bob Marotto gave an example of a child who was bitten after going into a house with a <br /> dog who had not previously bitten. <br /> Commissioner Gordon asked if people who testify are sworn in when the ASAB hears <br /> appeals. She asked if all cases can be appealed to the Superior Court. <br /> Bob Marotto said that the NC general statue provides the right to an appeal process <br /> with the local government, and there is an opportunity for a second step appeal within ten days <br /> of that first decision <br /> Commissioner Gordon asked if this applies to all cases. <br /> Bob Marotto said yes. <br /> John Roberts said this would be the final administrative piece of the process, and for <br /> any final decision, there is the option to go to the courts after that. <br /> Commissioner Gordon asked if all testimony is sworn. <br /> Annette Moore said this is not currently in place, but it can be. <br /> Commissioner Gordon asked why this is not in place. <br /> John Roberts said it goes to the courts in the form of a de novo appeal; which means <br /> everything is repeated again, so there is no need for this first appeal to have sworn testimony. <br />