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

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Draft completed by Staff 6/04/03 ~ ~~ Revised 6/25/03 witnesses in any hearing before the Board of County Commissioners concerning a special exception or an appeal of School District denial of a CAPS. 15.2.6 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 County Commissioners. Any such appeal shall be heard by the Board of County 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 County 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 County Commissioners not brought before the School District, or (3) issue a CAPS. The Board of County 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 County 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 15.2.5(d) and 15.2.5(e) of this Article. 15.2.7 Information Required From Applicants. The applicant for a 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 County Commissioners all information reasonably deemed necessary by the Board of County Commissioners to determine whether a special exception should be granted as provided in Section 15.2.5 or for the hearing of an appeal of a School District denial of a CAPS as provided in Section 15.2.6. 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 , 20U_ Ayes: Noes: Absent or Excused: \\COLEMANPDC\SHARED\Lisa\orangecounty\DraftSAPFO-ZO-Amendment rev by GEG 62403.doc