A.
Before any public hearing is held, parties of interest must be notified.
The details of this notification vary depending on the hearing's
purpose. Hearings are required for the following actions:
B.
Notice.
(1)
Notice of the hearing shall be published by the Board in a newspaper
of general circulation once in each of two successive weeks. The first
such publication shall appear not less than 14 days before the day
of the hearing and a copy of the notice shall be posted in a conspicuous
place in the Town Hall for a period of not less than 14 days before
the date of the hearing.
(2)
The applicant will be required to pay a local newspaper of general
circulation for the current cost of advertising the hearing. The applicant
will be billed directly from the newspaper for the cost of the advertised
hearing.
C.
In addition, the Board shall send copies of the notice to all parties
of interest at least 14 days prior to the date of the public hearing.
All hearings shall be open to the public. No person shall be
excluded unless he/she is considered by the Chair to be a serious
hindrance to the workings of the Board.
An applicant may appear in his/her own behalf, or be represented
by an agent or an attorney. In the absence of any appearance on behalf
of an applicant, the Board shall decide on the matter using the information
it has otherwise received.
A.
The objective of a public hearing is to provide parties of interest
the opportunity to have their opinion heard by a public decision-making
body. In order to encourage informed opinions, it is important that
the petition in question be presented to the public in a thorough
but concise manner; unduly lengthy presentations do not inform the
public any better than short, concise, accurate presentations. Also,
lengthy presentations often take up the time that could be better
used by the public to provide its comment. Therefore, the following
conduct of a hearing is intended to promote a well-prepared, brief,
and accurate presentation of the petition, thereby providing the public
with maximum opportunity to speak on issues of concern. Any party,
whether entitled to notice thereof or not, may appear in person, by
agent or by attorney.
B.
The hearing shall start no earlier than the time specified in the
printed notice.
C.
The Chair will open each hearing by reading the notice as published
and providing an explanation of procedures the hearing will follow.
D.
The applicant will then present his/her petition. The Chair shall
not allow any person in attendance, including members of the Board,
to interrupt the applicant during the presentation.
E.
Upon conclusion of the presentation by the applicant, the Chair will
allow members of the Board to ask questions of the spokesperson related
to any points made during the presentation. In addition, members of
the Board may direct appropriate questions at any point during the
hearing.
F.
Upon completion of questions from the Board, the Chair will allow
all those present to speak on the matter under consideration. Upon
recognition by the Chair, individuals shall give their name and address
before proceeding with their questions or comments. Questions or comments
shall be directed to the Chair and not directly to the applicant,
the applicant's representative or any other persons with the
express permission of the Chair.
G.
No cross-examination will be allowed, although questions seeking
information and deemed relevant by the Chair may be allowed at the
discretion of the Chair.
H.
Rebuttals may only be allowed at the discretion of the Chair.
I.
When all the facts have been presented and all persons wishing to
speak on the application have been heard, the Board shall close the
public hearing and inform the applicant and others present that the
applicant will be notified, by certified mail, of the Board's
decision.
J.
If new information is to be made available, the public hearing must
be continued to another time, with proper notice given to allow interested
parties the opportunity to review and comment on such matters.
The Board may continue a public hearing if the Board finds that
the continuance is necessary or appropriate to allow the applicant
or others to provide additional information. In such a case, the Chair
shall announce to those present, prior to the adjournment of the hearing,
the specific date, time, and place where the hearing will be continued,
and the subject matter to be discussed at the continued hearing. The
Board may require the applicant to re-advertise where it deems such
an action to be in the public interest.
In no case shall the Board allow new evidence to be admitted
after the close of the public hearing. However, written information
may be submitted after the close of the public hearing, provided the
information does not contain new evidence and is intended to clarify
existing factual evidence. In any case, the Board shall have the right
to refuse admission or receipt of information that, in the Board's
opinion, constitutes new evidence or which is otherwise deemed inappropriate.
