§ 30-623. Appeals.

The applicant may appeal decisions of the RAC and DRC.

(1)

The applicant may appeal decisions of the RAC by requesting a hearing in letter form to the chairman of the DRC. Such request shall include a summary of the decision being appealed and the basis for the appeal. For appeals regarding decisions on the availability of school capacity, a copy of the request shall be submitted to the school board. The DRC shall consult with the school board in reviewing appeals regarding the availability of school capacity.

(2)

Any decision of the DRC pursuant to this article may be appealed to the board of county commissioners by submitting a letter to the chairman of the DRC within thirty (30) days of the decision. For appeals regarding decisions on the availability of school capacity, a copy of the appeal request shall be submitted to the school board for its information.

(a)

The board of county commissioners may deny or approve (with or without conditions) the application or may return the application to the appropriate committee for further consideration with or without comments or directions.

(b)

The board of county commissioners shall review the application on the same basis and in accordance with the procedures of this division, and an approval issued by the board of county commissioners shall have the same effect as an approval by the respective committee and shall accordingly enable the CMO to issue a capacity encumbrance letter which may contain such conditions as the board of county commissioners may require.

(c)

The board of county commissioners shall consult with and consider the recommendations of the school board regarding appeals on school capacity.

(Ord. No. 91-27, § 1, 12-10-91; Ord. No. 2006-06 , § 2, 5-23-06; Ord. No. 2010-11 , § 2, 9-21-10; Ord. No. 2013-13 , § 2, 5-21-13)