Agenda - 06-26-2003-9C - Laserfiche WebLink

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Draft completed by Staff 6-04-03 °~ 7. Appeal of School District Denial of a CAPS. The applicant for a CAPS which is denied by the School District may, within 30 days of the date of the denial, appeal the denial to the [Board of Commissioners]. Any such appeal shall be heard by the [Board of Commissioners] at an evidentiary hearing before it. At this hearing the School District will present its reasons for the denial of the CAPS and the evidence it relied on in denying the CAPS. The applicant appealing the denial may present its reasons why the CAPS application should have, in its view, been approved and the evidentiary basis it contends supports approval. The [Board of Commissioners] may (1) affirm the decision of the School District, (2) remand to the School District for further proceedings in the event evidence is presented at the hearing before the [Board of Commissioners] not brought before the School District, or (3) issue a CAPS. The [Board of Commissioners] will only issue a CAPS if it finds that the CAPS should have been issued by the School District as prescribed in the MOU. A decision of the [Board of Commissioners] affirming the School District may be appealed by the applicant for a CAPS by proceedings in the nature of certiorari and as prescribed for an appeal under Sections 6(d) and 6(e) of this ordinance. 8. Information Required From Applicants. The applicant fora CAPS shall submit to the School District all information reasonably deemed necessary by the School District to determine whether a CAPS should be issued under the provisions of the MOU. An applicant for a CAPS special exception or an applicant appealing a CAPS denial by the School District shall submit to the Board of Commissioners all information reasonably deemed necessary by the Board of Commissioners to determine whether a special exception should be granted as provided in Section 6(d) of this ordinance or for the hearing of an appeal of a School District denial of a CAPS as provided in Section 7 of this ordinance. A copy of a request for a CAPS special exception or of an appeal of a School District denial of a CAPS shall be served on the superintendent of the School District. Service may be made by personal delivery or certified mail, return receipt requested. Section 2. This ordinance shall become effective The foregoing ordinance, having been submitted to a vote, received the following vote and was duly adopted this day of , 200_. Ayes: Noes: Absent or Excused: isg:orangecounty\sapfo ord rev 6-23-03