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THE ZONIhK; REPORT Page Six examiner hears it or,~ in communities that do not have deputy exami!~ers, the appeals body or elected board takes ~)riginal jurisdiction and hears and decides it. Section 4. Authority and. powers of the hearing examiner.-- This section empowers and requires ~-~-~'e--~-~ring examiner t!o hold the public hearing on the types of case.~~ under his jurisdiction. The examiner is empowered as the sole author- ity to schedule and assign cases to dockets, to continue hearings to ~nother date certain but not off the docket, a~d to rehear cases upon appeal of alleged errors or upon remand from the appeals body. The examiner can combine hearings for relat- ed zoning applicationsifiled by the same appli- cant for the same property. A single hearing can be held where standards of review are re- lated, such as for a s!ubdivision plat tied to a rezoning for zero-lo,-line or cluster layout. But hearings cannot b~ combined for variances proposed with a re~Oning application since their standards of review are dissimilar. The code empowers !the examiner to conduct the hearing in a propTer and fair manner, ac- cording to the rules ~of conduct of hearings. The examiner can adn~inister oaths to all per- sons testifying, issue~ subpoenas that compel persons to appear an~ give testimony or pro- vide evidence (books, fnaps and exhibits), order removal of disorderly~ or unruly persons from the hearing, cut off d~lsorderly and inappropri- ate testimony and exh~.[bits, limit the length of testimony and cut off Dr exclude repetitive and irrelevant testimony. ~ To carry out the d~ties of office, the code either creates an agen~cy for the hearing exam- iner and authorizes a ~taff and annual operat- ing budget or assigns[ clerical staff from the planning-zoning officeito serve the examiner. Section 5. Quasi-iudici!ai hearing procedure and due process assured.-~- This code section re- ~"~re-~ ~ ~x~ t?/follow due process and legally sound quasi-ju~icial .hearing procedures in administering the d~ties of office. The re- quirements are described in detail in codes. They include: providing public notice of the hearing on each specific case within time frames to the applicant, neighboring property owners and occupants within a specified dis- tance of subject property, registered neighbor- hood organizations and ex-officio public agen- cies; conducting the hearing according to the rules of conduct of public hearings; compiling a record of the case by accepting testimony and evidence according to the rules of conduct; preparing written findings presenting the facts of the case, conclusions leading to a decision or recommendation; providing these findings to aU parties of interest in the case; and provid- ing the rules of how and when appeals can be filed. The hearing examiner is required by zoning codes to prepare a transcript of the hearing, either by court stenographer or in most zoning codes by tape recording. Many codes allow the examiner to prepare an official minutes of ca- ses summarizing testimony and the findings and describing or reproducing basic exhibits. Where the examiner recommends decisions to another body, that body receives the minutes and sum- mary of.findings. The typed verbatim transcript is lengthy enough that it is rarely read by a deciding body, which strongly prefers a cogent summary of cases as minutes. The minutes and findings in each case are also sent to the par- ties with interest. The code requires the tran- script be kept in the records of the locality for a stated time beyond exhaustion of all ap- peals and litigation, varying in codes from three months to seven years. The cost of typ- ing the transcript from a recording or the stenographer's tape in an appeal is paid for by the appellant. Some codes require the examiner to create an index of all cases, agendas, minutes, written transcripts, findings and decisions. The index is available to the pu-~lic much like a library card catalogue to research past cases. Section 6..Parties with interest.-- The parties in any proceeding before the hearing examiner are defined by the zoning code. There are two types of parties with interest, those that idea- January 7, 1994 lssu~