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Article 2: Procedures 19 <br /> Section 2.12: Board of Adjustment <br /> 2.12.2 Quasi-Judicial Proceedings <br /> (A) The Board of Adjustment acts in a quasi-judicial capacity. However, it is not intended <br /> that its proceedings be conducted as formally as those before courts. <br /> (B) The rules of procedure and evidence set forth in this Ordinance shall be followed to <br /> protect the interests of all parties and the public. <br /> (C) The presiding officer shall administer oaths to all witnesses and shall make rulings <br /> necessary to preserve fairness, order, or proper decorum in any matter before the Board <br /> of Adjustment. Any person who, while under bath during a proceeding before the Board, <br /> willfully swears falsely is guilty of a Class I misdemeanor. <br /> (D) Any member of the Board of Adjustment or any interested party may object to, and the <br /> presiding officer may exclude, any evidence, testimony, or statement that is deemed <br /> incompetent, irrelevant, immaterial, or unduly repetitious and therefore fails to reasonably <br /> address the issues before the Board of Adjustment. <br /> 2.12.3 Evidence and Testimony <br /> (A) Interested Party <br /> (1) Any interested party may present evidence or testimony, cross-examine <br /> witnesses, inspect documents, and offer evidence or testimony in explanation or <br /> rebuttal. <br /> (2) Any member of the Board of Adjustment may question any interested party. <br /> (3) Persons other than interested parties may make competent, relevant, and <br /> material comments. <br /> (B) Subpoenas <br /> (1) The Board of Adjustment may subpoena witnesses and compel the production of <br /> evidence. <br /> (2) To request issuance of a subpoena, persons with standing as detailed under <br /> NCGS 160A-939 (d), shall make a written request to the chair explaining why it is <br /> • necessary for certain witnesses or evidence to be compelled. The chair shall <br /> issue requested subpoenas in those cases where testimony or evidence is <br /> deemed to be relevant, reasonable in nature and scope, and not oppressive. <br /> (3) The chair shall rule on any motion to quash or modify a subpoena. Decisions <br /> regarding subpoenas made by the chair may be appealed to the full Board. <br /> {24(4) If a person fails or refuses to obey a subpoena issued pursuant to this <br /> subsection,the Board of Adjustment, or the party seeking the subpoena, may <br /> apply to the General Court of Justice for an order requiring that its order be <br /> obeyed, and the Court will have jurisdiction to issue those orders after notice to <br /> all proper parties. <br /> {3)(5) No testimony of any witness before the Board of Adjustment, pursuant to a <br /> subpoena issued in exercise of the power conferred by this subsection, may be <br /> used against the witness in any civil or criminal action, other than a prosecution <br /> for false swearing committed on the examination. <br /> (4)(6) Anyone who,while under oath during a proceeding before the Board of <br /> Adjustment,willfully swears falsely, is guilty of a Class 1 misdemeanor. <br /> 2.12.4 Quorum and Vote Required <br /> (A) A quorum of the Board is necessary to conduct any business and shall consist of four <br /> members. <br /> (B) The affirmative vote of four of the members of the Board shall be necessary in order to <br /> effect any variation in this Ordinance:_ <br /> Orange County,North Carolina—Unified Development Ordinance Page 2-38 <br />