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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 from 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 an application should be <br />granted. <br />10. You previously indicated decisions 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 />of a SUP? <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 />53