Local Process

Question 1

Is Local Process mandatory or optional?

Answer 1

Optional- pass an ordinance.

Question 2

What is the 6 steps of Local Process?

Answer 2

Local RN Picks S+M b/c it Renders Appeal

1) lg Rec application.
2) w/i 10 days, lg Notices.
3) Preliminary decision made.
4) q-j w/ Spec Master, recomm to lg
5) lg Renders final decision w/ findings of fact, concl of law.
6) Appeal by writ.

Question 3

Who is the descriptor of a party who can use Local Process?

Answer 3

An aggrieved or adversely affected party.

Question 4

What can aggrieved or adversely affected party complain of?

Answer 4

LG decision on development order that MATERIALLY ALTERS DUI of prop based on CP.

Question 5

What kind of notice is required in Local Process?

Answer 5

LOCAL PROCESS
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W/i 10 days of receiving an application for a dev order that materially alters DUI, LG must:
Publish 
OR
Mail notice to Os in area
AND
Post on-site.

Question 6

What are the dimensions of the printed Local Process notice?

Answer 6

Newspaper, 18 point, no less than 2 columns wide x 10 inches.

Question 7

What are the contents of the Local Process Notice?

Answer 7

Explain procedure.

Question 8

If LG wants to adopt a resolution/ordinance setting up Local Process, how must it notice its public?

Answer 8

1) LG provides Q-J before special master.
2) Q-J w/ witnesses, depositions, testimony, cross examine, public testimony, no ex parte.
3) LG bound by findings of fact - unless no comp subst eveidn.
4) LG bound by SM’s interp of law - unless incorrect law.

Question 9

What is the nature of the hearing before the Special Master?

Answer 9

Q-J.

Question 10

Is Special Master hearing public? Private?

Answer 10

Public. Public testimony MUST be allowed.

Question 11

Is due process for SM’s Local Process hearing different than Board Q-Js?

Answer 11

Yes!  
he Visits for a Drop of Tea with his SCONE.
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1)   site Visit can be required.
2)  Depositions
3)  public Testimony MUST be allowed.
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4)  Submit evidence.
5)  Cross Examine,
6)  Opp to be heard.  ~but NO pub testimony~
7)  Notice of Hearing.
8)  No ex parte.

Question 12

LOCAL PROCESS
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When is public testimony not wanted?  Why?
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When is public testimony MANDATORY?

Answer 12

LOCAL PROCESS
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Q-J b/c need subst. competent.  
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Local Process MANDATES Public Testimony.

Question 13

What unique power does Spec Master have?

Answer 13

Can require everyone visit the site.

Question 14

The Board acts akin to what in its review of Special Master’s decision?

Answer 14

Like circuit’s review of Q-J based on Code, Board looks:
1) For existence of substantial competent evidence.
2) To see that SM applied correct law.

Question 15

Is Board bound by Spec Master’s conclusions of law?

Answer 15

Yes - UNLESS Spec Master applied incorrect law.

4) LG bound by SM’s interp of law - unless incorrect law.

Question 16

Is Board bound by Spec Master’s recommendation?

Answer 16

No. Regardless how couched, Board decides CP issue.

Question 17

How is Spec Master’s decision, re: CP, viewed?

Answer 17

Strict scrutiny.

Question 18

State 4 requirements of Board’s decision?

Answer 18

LOCAL PROCESS

1) Writing
2) Findings of fact.
3) Conclusions of law.
4) Rendered.

Question 19

How does aggrieved and adversely affected appeal?

Answer 19

Writ of Cert. 30 days. Circuit.

Question 20

Can Board re-weigh Special Master’s substantial competent evidence?

Answer 20

No, Board must accept SM’s findings of fact UNLESS SM did not have comp subst. evid.

Question 21

What is in Board’s discretion when it reviews SM’s decision?

Answer 21

Board must interpret its own CP and LDRs.

Question 22

In addition to a decision based on CP, what could be included in the claim?

Answer 22

An interpretation of LDRs.

Question 23

What does Local Process substitute for?

Answer 23

Regular process of appealing the legislative decision based on CP via de novo dec in circuit.