What to Expect in the Hearing Examiner Process:

This write up is based on a conversation between Chip Block, Senior Planner in Community Development and Peggy Apgar’Schmidt, a resident of the East Corkscrew Road Rural Communities.

Prior to the Hearing the Hearing Examiner will have in his or her hand a copy of the Staff Report.  This report is produced as a result of the feedback given by many professional staff persons (Community Development, DOT and others) who have reviewed the application paperwork.  In addition some of the application documents are also attached, specifically if the applicant requests that they be made part of the hearing record.

At the Hearing the Applicant for the permit goes first, presenting all the evidence, information and arguments as to why they believe the hearing examiner should make a recommendation in their favor. Expert witnesses will speak and present their reports and opinions.  Attorney’s representing persons who are part of “the public” are usually allowed to cross-examine expert witnesses.

Staff (representing Lee County Community Development/Planning) goes second reviewing their report and offering the County’s point of view as to whether the applicant should be granted the amendment to their IPD (Industrial Planned Development) zoning.  Attorneys for both sides are generally allowed to cross-examine Staff.

Third, comments from the Public are taken.  If you are not the applicant, you are the public. Any expert witness that any one of us has hired speaks during this time. Each of us as residents, affected parties or interested parties can speak at this time. There is not a time limit on how long anyone can speak, but it may be best to write out your comments and give them to the hearing examiner. This will not only keep you from wandering off track or forgetting what you may want to say it will also give the hearing examiner a  way he or she can review and remember your comments later. This makes your comments part of the hearing record. If you have listened to the applicant’s testimony this is the time that you would offer your rebuttal or difference of opinion to what they have said.  Any attorney representing any affected or interested party from the public can also speak at this time.  The Attorney from the applicant can cross-examine the expert witnesses.

Fourth the Applicant has a chance to rebut anything “the public” has said. If the applicant offers new information, attorney’s representing the public will have a chance to cross-examine the persons introducing the new evidence.

Fifth, the Staff has an opportunity to rebut if they choose to do so.

Sixth, the applicant can make closing statements

Seventh, the Staff can make closing statements

Eighth, Attorneys speaking on behalf of the public can make closing statements.

After the hearing it can take up to two weeks for the court reporter to transcribe and transmit the hearing record to the hearing examiner. The hearing examiner does not have a set time in which their review has to be completed. In fact, hearing examiners may still be working on other cases which they need to complete prior to finishing the review of this case and rendering their opinion.

After the hearing examiner gives his or her opinion along with a brief synopsis of the hearing a date is set for a public BoCC  (Board of County Commissioners) meeting. This is when the Commissioners to make a decision to allow or no allow the zoning amendment. After the BoCC decision there is a 30 day period for either the applicant or the public to file a Comprehensive Plan consistency challenge or appeal compliance with land development code in Circuit Court.  Once the 30 day appeal period expires the decision is final.

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