§ 302. Hearing Officers.

302.1.   Duties.

Each Hearing Officer shall have the following duties related to land development:

A.

To conduct public hearings regarding applications for special permits and appeals from determinations on certificates of Level of Service;

B.

To decide applications for Special Permits;

C.

To make recommended findings of fact and conclusions of law, in accordance with relevant standards and criteria set forth in this Code;

D.

To decide appeals from determinations regarding certificates of Level of Service;

E.

To decide requests for variances, except floodplain variances in Historical and Archaeological Overlay Districts, historic landmarks, property listed with the National Register of Historic Places (listed after 01-01-17) and/or within the historic vista protection zone.

F.

To issue reports and make recommendations to the Board;

G.

To take any other action authorized by ordinance or resolution of the Board;

H.

To visit the site of a land development application;

I.

To decide applications for adjustments to the sign regulations not authorized to be granted administratively; and

J.

To decide upon any other matter assigned to the Hearing Officer pursuant to this Code.

(Ord. No. 16-02 , § 3(Exh. A), 9-19-16)

302.2.   Powers.

Each Hearing Officer shall, in the course of carrying out the duties described above, be empowered to:

A.

Administer oaths and affirmations;

B.

Issue notices;

C.

Receive relevant evidence; and

D.

Take or cause other such action as necessary to perform such duties.

302.3.   Appointment, Qualifications, Term, Removal and Compensation.

The Board shall appoint one (1) or more qualified Hearing Officers. Each Officer shall be appointed for a renewable term of one (1) to four (4) years.

A.

Qualifications. Generally, Hearing Officers shall have a degree in law from an accredited American Bar Association law school, be licensed to practice law in the State of Florida, and have a minimum of two (2) years of experience in land use, zoning, or other land use regulatory experience; or have a bachelor's degree in planning or other directly related field and a minimum of five (5) years of experience as listed above. A master's degree in planning or directly related field and American Institute of Certified Planners designation is preferred. The Board may modify these qualifications as needed.

B.

Limitations on Hearing Officer Activities While Appointed. A Hearing Officer shall not hold other appointive or elective office or position in the County government. Further, a Hearing Officer shall not present nor assist in the preparation of any land use matter or application before another Hearing Officer or the Board during his or her term nor shall the Hearing Officer present or assist in preparation of any land use matter or application requiring Administrative Approval by the Department Director. The firm with which a Hearing Officer is or was associated with shall not present or assist in the preparation of any land use matter before that Hearing Officer. All Hearing Officers shall be subject to F.S. ch. 112, pt. III.

C.

Limitations on Activities after Term. Hearing Officer are, for a period of six (6) months from the date of termination as holder of such office, hereby expressly prohibited from acting as agent or attorney in any proceeding, application or matter before any commission, board, agent or other office of County government. The firm with which a Hearing Officer is or was associated with shall not present or assist in the preparation of any land use matter before that Hearing Officer. The limitation above shall be for a period of two (2) years if the property was the subject of an application heard by the Hearing Officer during his or her term.

D.

Removal. A Hearing Officer shall be removed only for cause by a majority plus one of the Board.

E.

Compensation. A Hearing Officer shall be compensated for his or her services and expenses. The Board shall have authority and responsibility for setting the amount of the compensation, the source of such compensation and limitations on compensable expenses.

F.

Disqualification of Hearing Officer. The Hearing Officer shall disqualify himself or herself when it reasonably appears that he or she has a conflict of interest. When a Hearing Officer is disqualified, the case shall be randomly assigned to another Hearing Officer.

(Ord. No. 16-24 , § 3(Exh. A-3), 11-15-16)

302.4.   Freedom from Improper Influence.

A.

No person who is or may become a party of record before the Hearing Officer, nor anyone appearing on behalf of a party of record before the Hearing Officer, shall communicate ex parte with any Hearing Officer about an application currently before him or her.

B.

No member of the Board shall communicate ex parte with any Hearing Officer about an application currently before him or her. Communication between the Hearing Officer and the Board acting as a collegial body shall be undertaken in accordance with the terms of this Code.

C.

In order to assure that the Hearing Officers are free from improper influence, a Hearing Officer shall neither initiate nor consider ex parte communications concerning a pending or impending application. A Hearing Officer, however, may obtain the advice of a disinterested expert other than another Hearing Officer on law, planning, or zoning applicable to a proceeding before him, if he gives notice to the parties of record of the person consulted and the substance of the advice, and affords the parties of record reasonable opportunity to respond.

D.

Ex parte communications as contemplated herein shall not include the required transmission of official documents by staff pursuant to the terms of this Code nor shall it include discussion with representatives of the Manatee County Attorney's Office, regarding discussions, not related to a specific land use case to be heard before him or her.

302.5.   Maintenance of Records.

The Clerk of the Circuit Court shall serve as Clerk to the Hearing Officers as it serves as Clerk to the Board. The Clerk shall keep the minutes of the Hearing Officers' proceedings, including evidence presented, the name of all witnesses giving testimony, findings of fact by the Hearing Officers and the determination of the Hearing Officers. The Clerk shall be the custodian of the official record of the Hearing Officer and shall keep indexed records of all resolutions, transactions, findings and determinations. All such records shall be official public records and shall be covered by all Florida Statutes pertaining to public records.