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THE ZONING REPORT Page and litigation, The e~aminer process apparently creates less error w~ighing the facts in cases heard and in procedure. It derives more care- fully reasoned findin_~s and decisions in zoning cases and tends to be more logically reasoned and consistent. There. by, courts seem to uphold hearing examiner de~isions more often and po- tential litigants hesitate to file suit. Localities choosing t~e hearing examiner proc- ess tend to be larger{metropoLitan fringe coun- ties and large suburb~. These jurisdictions have extensive developmer~ activity creating heavy caseloads and often have innovative zoning codes with many special uses, but only one BZA, CPC and elected~board~ to hear all cases. For smaller communl~ie.s) the local COG and RPC might hire one Hearing examiner to serve several communities. F~Gases could be heard by the examiner on a circuit with appeals to the respective locality's eFlected board. Issues to be resolved ~n establishing hearing examiner zoning provisions Determine wha. t zoni~hg actions are heard by the examiner. Most ~codes with .the hearing examiner process ha~e the examiner replace the functions of the ~ZA in its entirety.' The hearing examiner dec~des variances, exception- al use permits, appeals of administrative ac- tions and interpretation of the zoning code. The BZA is terminatedi Appeals from the deci- sion of the hearing e~aminer go forward to the elected board as previ~usly from the BZA. Many recent codes .~so replace the case load of the CPC in its enti~ety.'~'~e he-~ri~gg ~-x~-- inet decides or reco~mmends rezonings, condi- tional uses, PlODs, s~bdivision plats and lot splits. But the examiner does not get involved in comprehensive pla~s, area plans, the CIP, urban renewal plans ~r proposed text amend- ments to development ~codes. Perhaps decisions on, development agreements as a condition of annexation or of approval of large projects should ionly be recommended to the elected board by ~he examiner if the exam- iner makes final decisions on rezonings. But the pattern of zoning and layout of site plans proposed for property covered by agreements are decided by the examiner. Decide whether the examiner hears cases pro- posing comprehensive rezoning based on com- prehensive plans just approved by the CPC and elected board. These rezonings are initiated by local government covering many properties in a single application whose proposed pattern of changes is a logical follow-through to imple- ment plans. Subject to case law and state stat- utes authorizing hearing examiners, most com- munities prefer that these rezonings be heard and approved by the CPC and elected board. The examiner is 'limited to rezonings filed by private persons for their property. Jurisdiction as to whether a proposed rezon- lng is comprehensive can be appealed to the elected board, most likely with the locality's legal counsel advising the board on the basis of jurisdiction. Foliow due process and quasi-judicial procedure without exception. Due process in administra- tive ma'~ters is guaranteed by the federal con- stitution and quasi-judicial procedure is requir- ed for zoning case hearings either by recent case law or state statutes. Most zoning codes cite the due process procedure set forth for the BZA and CPC to apply to the hearing ex- aminer or enumerate its steps in detail in the examiner provision. Quasi-judicial procedure is established through written rules of procedure for public hearings prepared by the examiner with the approval of the elected board. The rules assure that generalized judicial standards for hearings will be adhered to. Due process provides for: regulations describ- ing how development applications are filed and a maximum time limit for scheduling hearings to consider them; for each application, clear advance notice of the hearing and the basic facts of the case sent to specific parties that may have-'an interest in it; an opportunity to participate in the hearing; conduct of the hearing in a fair and responsible manner by an ! ! January 7, 1994 issue~ g7