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Draft completed by Staff 6/04/03 <br />Revised 6/25/03 <br />denial of the CAPS and the evidence it relied on in denying the CAPS. The applicant <br />appealing the denial may present its reasons why the CAPS application should have, in <br />its view, been approved and the evidentiary basis it contends supports approval. The <br />Board of County Commissioners may (1) affirm the decision of the School District, (2) <br />remand to the School District for further proceedings in the event evidence is presented at <br />the hearing before the Board of County Commissioners not brought before the School <br />District, or (3) issue a CAPS. The Board of County Commissioners will only issue a <br />CAPS if it finds that the CAPS should have been issued by the School District as <br />prescribed in the MOU. A decision of the Board of County Commissioners affirming the <br />School District may be appealed by the applicant for a CAPS by proceedings in the <br />nature of certiorari and as prescribed for an appeal under Subsections IV-B-12-c5(d) and <br />IV-B-12-c5(e) of this Section. <br />IV-B-12-c7. 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 County Commissioners all information reasonably deemed necessary by the Board of <br />County Commissioners to determine whether a special exception should be granted as <br />provided in Subsections IV-B-12-c5 or for the hearing of an appeal of a School District <br />denial of a CAPS as provided in Subsection IV-B-12-c6. A copy of a request for a CAPS <br />special exception or of an appeal of a School District denial of a CAPS shall be served on <br />the superintendent of the School District. Service may be made by personal delivery or <br />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 <br />vote and was duly adopted this day of , 200_ <br />Ayes: <br />Noes: <br />Absent or Excused: <br />\\COLEMANPDC\SHARED1Lisa\orangecounty\DraftSAPFO-SR-Amendment rev by GEG 62403.doc <br />