Hearings on matters before the Board shall be
had as reasonably soon after the filing of the notice of appeal or
application for variance or application for gas station, automobile
dealers' or auto repairers' location approval as publication of such
notice and prior business before the Board may permit, but in no event
shall such hearing be delayed by the Board, without the consent of
the applicant, beyond two full calendar months from the date of filing
the notice.
Continuation of a hearing in session may be
had in the discretion of the Chairman, who shall announce the adjourned
date at the hearing. No additional notice of such adjourned hearing
shall be given.
Postponement of hearing prior to the mailing
of notice to interested parties and prior to publication may be had
upon request of the applicant. In a case where notice to interested
parties has been mailed but publication has not been had, such hearing
may be postponed upon the applicant's filing proof of notification
to the interested parties of such postponed hearing with the Secretary
at least 24 hours prior to the scheduled hearing. However, postponement
of a hearing after the mailing of notice to interested parties and
publication will be treated as a new application, including costs,
except, however, that such new application in the case of an appeal
must be made within 30 days of the decision appealed from unless,
for good cause shown, the Board grants the applicant an extension
not to exceed an additional 30 days, as provided in § 26
hereof, and the application for such extension shall have been made
within such initial 30 day period.
An appeal or application may be withdrawn at
any time without prejudice to a new filing prior to final decision
of the Board, except that in the case of an appeal, the withdrawal
of such appeal shall not operate to extend the time of the applicant
to refile such appeal. In case of the withdrawal of an appeal or an
application the Board in its discretion may refund the applicant his
filing fee.
Appeals or applications usually but not necessarily
are to be heard in the order in which they are placed on file, and
as shown in the call of the meeting.
A.
The Secretary shall give a statement of the ease,
followed by a reading of written communications dealing with the matter.
B.
The appellant or applicant or their representative
shall present the argument in support of the case.
C.
The Board shall have the opportunity to question the
appellant or applicant, or their representative.
D.
All those in support of the case shall be heard.
E.
The Board shall have the opportunity to question those
in support of the case.
F.
Those in opposition to the ease shall be heard.
G.
The Board shall have the opportunity to question those
in opposition to the case.
H.
The Board shall have the opportunity to question anyone
who was heard.
I.
To maintain orderly procedure, each side shall proceed
without interruption by the other.
