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~, <br />by the [governing body] at an evidentiary hearing before it. At this hearing the School <br />District will present its reasons for the denial of the CAPS and the evidence it relied on in <br />denying the CAPS. Thd applicant appealing the denial may present its reasons why the <br />CAPS application should have, in its view, been approved and the evidentiary basis it <br />contends supports approval. The [governing •body] may (l) affirm the decision of the <br />School District, (2) remand to the School District for further proceedings in the event <br />evidence is presented at the hearing before the [governing body] not brought before the <br />School District or, (3) issue a CAPS. The [governing body] will only issue a CAPS if it <br />finds that the CAPS should ,have been issued by the School District as prescribed in the <br />Memorandum of Understanding among the School District, Orange County and the <br />[governing body]. A decision of the [governing body] afFirming the School District may <br />be appealed by the applicant for a CAPS by .proceedings in the nature of certiorari and as <br />prescribed for an appeal under Section 6(d) 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 Memorandum of Understanding between the <br />[governing body], Orange County, and the School District. An applicant for a CAPS <br />special exception or an applicant appealing a CAPS denial by the School District shall <br />submit to the [governing body] all information reasonably deemed necessary by the <br />[governing body] 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 __ , 2000. <br />Ayes: <br />Noes: <br />Absent or Excused: <br />