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Article 2: Procedures 72 <br /> Section 2.12: Board of Adjustment <br /> (B) The Board shall act on any appeal of a Stop Work Order issued by the Planning <br /> Director at its next regularly scheduled meeting or at a special meeting called for that <br /> purpose. <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 <br /> Board of Adjustment. Any person who, while under oath during a proceeding before <br /> the Board, 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 <br /> the presiding officer may exclude, any evidence, testimony, or statement that is <br /> deemed incompetent, irrelevant, immaterial, or unduly repetitious and therefore fails <br /> to reasonably address the issues before the Board of Adjustment. <br /> 2.12.3 Evidence and Testimony <br /> (A) Interested Party and Objections <br /> (1) Any interested party mashall be permitted to53 present evidence or testimony, <br /> cross-examine witnesses, inspect documents, and offer evidence or testimony in <br /> explanation or rebuttal. <br /> (2) Any member of the Board of Adjustment may question any interested party. <br /> (3) Persons other than interested parties may make offer competent, relevant, and <br /> material testimony or evidence that is not repetitive as allowed by the <br /> bBoard. <br /> (4) Administrative materials such as applications, staff reports, and other relevant <br /> administrative materials shall become part of the hearing record and may be <br /> provided in written or electronic form.5 <br /> (a) Administrative materials shall be distributed to the applicant and to the <br /> landowner, if that person is not the applicant, at the same time they are <br /> distributed to the Board. <br /> (b) Objections to inclusion or exclusion of administrative materials may be <br /> made before or during the hearing. Rulings on unresolved objections <br /> shall be made by the Board at the hearing. <br /> (-3)(5) Objections regarding jurisdictional and evidentiary issues, including but not <br /> limited to, the timeliness of an appeal or the standing of a party, may be made to <br /> the Board. The Board chair shall rule on any objections and the chair's ruling <br /> may be appealed to the full Board.55 <br /> (B) Subpoenas <br /> (1) The Board of Adjustment may subpoena witnesses and compel the production of <br /> evidence. <br /> 53 Conform language to NCGS 160D-406(d). Note the definition of Interested Party in Article 10: it is a person who <br /> has legal standing to appeal the decision,as further defined in NCGS 160D-1402(d). <br /> 54 Conform language to NCGS 160D-406(c). <br /> 55 New provision in NCGS 160D-406(d). <br /> Orange County, North Carolina—Unified Development Ordinance Page 247 <br />