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195 <br /> physical development of the County as embodied in these <br /> regulations or in the Comprehensive Plan or portion thereof, <br /> adopted by the Board of County Commissioners <br /> 8. How are decisions made? <br /> Members of the board rendering the decision must make their decision solely on the competent,material <br /> and substantial evidence presented at the hearing,both for and against an application. <br /> Members cannot consider information obtained through independent research or undisclosed ex parte <br /> communications, meaning members cannot have private discussions with individuals who support or <br /> object to a specific application. <br /> 9. What exactly is ex parte communication and why is it not allowed? <br /> Persons affected by a decision have the legal right to hear all of the information presented to members of <br /> a board who will be rendering a decision on an SUP application, specifically they have a right to know <br /> all of the"facts"being considered. <br /> Therefore members of the decision-making body are not allowed to discuss the case or gather evidence <br /> outside of the hearing (what the courts term ex parte communication). Only facts presented to the full <br /> board at the hearing may be considered. <br /> This is an important point to remember when such applications are being reviewed. Members of the <br /> board rendering the decision are prohibited froth discussing the matter or receiving comment on a <br /> proposal. . <br /> These members are'not trying to be rude or unsympathetic to your concerns. They are prohibited from <br /> engaging in the conversation in, the.first place as they are ;required to guarantee an impartial.hearing <br /> where the `facts'.;are,;,weighed as they are presented as to whether or not:,ain_application 'should be <br /> granted. <br /> 10. You previously indicated cJecisions are based on evidence. Does this mean those presenting evidence <br /> at a SUP'hearing have to be under oath? <br /> In a word, yes. All testimony, including from County staff, offered during the public hearing where a <br /> SUP is reviewed must be under oath. <br /> All persons wishing to speak will be given a reasonable time in which to be heard, however groups are <br /> encouraged to select a spokesperson to speak for the group in order to avoid repetitive testimony. <br /> 11. Can people just speak to offer their opinion on the application? <br /> Inflammatory, irrelevant, repetitive and incompetent testimony and hearsay is not permitted and the <br /> chairman of the board hearing the matter has the right to limit and restrict such comments during the • <br /> public hearing. <br /> For more information please refer to Section 2.7.7 (D) of the UDO. <br /> 12. What constitutes `competent,substantial, and material evidence'allowing for the approval or a denial <br /> ofaSUP? <br /> Breaking down what constitutes evidence can best be summarized as follows: <br /> i. Competent evidence: legally admissible under the rules of evidence unless admitted <br /> without objection, or appears to be sufficiently trustworthy and is admitted under such <br /> circumstances that it is reasonable for the decision-making body to rely upon it. <br /> Evidence that can be subjected to cross-examination, inspection, explanation and rebuttal <br /> (i.e, expert testimony). <br /> For example a realtor who has professional experience and accreditation can offer an <br /> opinion if a specific project will or will not impact the value of adjacent property. An <br /> individual with no background in the field cannot offer a `competent' opinion on the <br />