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16 <br /> 7. Appeal of School District Denial of a CAPS. <br /> The applicant for a CAPS which is denied by the School District may, within 30 <br /> days of the date of the denial, appeal the denial to the [Board of Commissioners]. Any <br /> such appeal shall be heard by the [Board of Commissioners] at an evidentiary hearing <br /> before it. At this hearing the School District will present its reasons for the denial of the <br /> CAPS and the evidence it relied on in denying the CAPS. The applicant appealing the <br /> denial may present its reasons why the CAPS application should have, in its view, been <br /> approved and the evidentiary basis it contends supports approval. The [Board of <br /> Commissioners] may (1) affirm the decision of the School District, (2) remand to the <br /> School District for further proceedings in the event evidence is presented at the hearing <br /> before the [Board of Commissioners] not brought before the School District, or (3) issue <br /> a CAPS. The [Board of Commissioners] will only issue a CAPS if it finds that the CAPS <br /> should have been issued by the School District as prescribed in the MOU. A decision of <br /> the [Board of Commissioners] affirming the School District may be appealed by the <br /> applicant for a CAPS by proceedings in the nature of certiorari and as prescribed for an <br /> appeal under Sections 6(d) and 6(e) of this ordinance. <br /> 8. Information Required From Applicants. <br /> The applicant for a CAPS shall submit to the School District all information <br /> reasonably deemed necessary by the School District to determine whether a CAPS should <br /> be issued under the provisions of the MOU. An applicant for a CAPS special exception <br /> or an applicant appealing a CAPS denial by the School District shall submit to the Board <br /> of Commissioners all information reasonably deemed necessary by the Board of <br /> Commissioners to determine whether a special exception should be granted as provided <br /> in Section 6(d) of this ordinance or for the hearing of an appeal of a School District <br /> denial of a CAPS as provided in Section 7 of this ordinance. A copy of a request for a <br /> CAPS special exception or of an appeal of a School District denial of a CAPS shall be <br /> served on the superintendent of the School District. Service may be made by personal <br /> delivery or certified mail, return receipt requested. <br /> Section 2. This ordinance shall become effective <br /> The foregoing ordinance, having been submitted to a vote, received the following vote <br /> and was duly adopted this day of ) 200—. <br /> Ayes: <br /> Noes: <br /> Absent or Excused: <br /> lsg:orangecounty\sapfo ord rev 6-23-03 clean <br /> 6 <br />