§ 26-92-161. Direct review.

This section provides the procedures for the board of supervisors, upon its own initiative, to review the decisions of lower level decision makers on applications filed pursuant to this chapter.

(a)

Request for Direct Review. Any member of the board of supervisors may request the board to review a decision of a lower level decision maker approving or denying any application filed pursuant to this chapter.

(b)

Timing and Form of Request for Direct Review. A request for direct review shall be made orally at a board of supervisors meeting, or filed in writing with the clerk of the board, prior to the expiration of the appeal period for the decision of the lower level decision maker on the subject application. A request for direct review need not state the reasons for the request. A request for direct review shall not be deemed to be an allegation of any flaw in or a pre-judgment of the decision of the lower level decision maker.

(c)

Effect of Request for Direct Review. A request for direct review shall stay the decision of the lower level decision maker until the board of supervisors takes action in compliance with subsection (d) of this section and, if applicable, until the board of supervisors takes action in compliance with subsection (e) of this section. The stay shall not extend the time for filing an appeal of the decision of the lower level decision maker.

(d)

Consideration of Request for Direct Review. A request for direct review shall be considered by the board of supervisors at a public meeting. Notice of the meeting shall be given, and the meeting shall be conducted, in compliance with applicable law.

(1)

If the board of supervisors approves the request for direct review, the board shall assume jurisdiction over the matter and take action in compliance with subsection (e) of this section.

(2)

If the board of supervisors denies the request for direct review, the decision of the lower level decision maker shall stand unless an appeal of the decision was timely filed.

(e)

Hearing and Decision. Any matter that is the subject of direct review shall be heard and decided by the board of supervisors at a public hearing. Notice of the hearing shall be given, and the hearing shall be conducted, in compliance with applicable law. The hearing shall be de novo. The board may affirm, wholly or partly, modify, or reverse the decision of the lower level decision maker on the subject application.

(f)

Participation by Initiator of Request for Direct Review. Any member of the board of supervisors who initiates a request for direct review shall have full participation rights in determining whether to approve the request and, if the request is approved, in hearing and deciding upon the matter, including the right to vote, unless actual bias or prejudice is otherwise shown.

(Ord. No. 5537 § 2(i), 2004.)