Hearing Examiner's Recommendations and Decisions
The Hearing Examiner does not make a recommendation or decision at the time of the hearing. The Hearing Examiner's recommendation or decision will be made in the form of a written report, which will include Findings of Fact, and Conclusions of Law that will be drawn from those findings. The report will normally be issued within 21 days after the close of the hearing. The report is mailed to all Parties of Record and the applicant/appellant.
A hearing may be continued by the Hearing Examiner to another date and time for completion of all testimony and rebuttal, or to allow for the introduction of evidence not available on the date of the hearing. Alternatively, a hearing my be deemed 'closed' while the record is held open to allow for additional written evidence or written argument. New information cannot be presented after the hearing and the record is officially closed.
Requests for Reconsideration and Appeals of the Decision
Any Party of Record may file a written Request for Reconsideration with the Hearing Examiner. The Request for Reconsideration shall explicitly set forth alleged errors of procedure or fact. The Hearing Examiner's Report will include information on deadlines for filing such a request.
Appeals of a Hearing Examiner's decision may be appealed to City Council. Appeal procedures are governed by RZC 21.76. An appeal of the Hearing Examiner's decision must be based only on the record made before the Hearing Examiner at the hearing. A recommendation may not be appealed to City Council.