This chapter shall provide the exclusive procedure of conducting quasi-judicial hearings by the board of supervisors. (Ord. 597 § 1(part), 2004).

“Appellant” means a person who is appealing an adverse decision of a panel or commission inferior to the board of supervisors for review by the board.
“Petitioner” means the person who applies to the board of supervisors to hear an issue in a quasi-judicial hearing in those instances where the issue is not on review from an inferior panel or commission.
“Quasi-judicial” means those hearings in which the board of supervisors receives evidence and makes findings to determine a prevailing party or position. Such hearings include, but are not limited to, variances, development plans, certification of environmental-impact reports (EIRs), abatement of nuisances, disability retirement, appeals from lower-level decisions, approval or denial of real-property divisions and permit revocation and suspension.
“Respondent” means the person who opposes the application or appeal to the board of supervisors, i.e., who argues for the board to deny the application or appeal in the quasi-judicial hearing. (Ord. 597 § 1(part), 2004).

A. All quasi-judicial hearings shall be heard on Mondays, as needed, as a special session of the board of supervisors in the board chambers at the Madera County government center.
B. Hearings shall be conducted from nine a.m. until five p.m. only, unless extended by unanimous consent of the supervisors present. Otherwise, hearings shall be adjourned to nine a.m. of the following Monday, or on a day as designated by the board.
C. The clerk of the board of supervisors shall post an agenda, containing a brief general description of each quasi-judicial hearing scheduled, in a place readily available to members of the public at least seventy-two hours before each scheduled session of quasi-judicial hearings. Copies of the agenda shall be made available by mail, upon request, subject to the county’s regular fees for duplicating and mailing.
D. All hearings shall be open to the public.
E. A quorum of three supervisors shall be required to conduct quasi-judicial hearings. An abstention shall be considered a negative vote for purposes of decision and adoption of findings. No supervisor who is absent from the hearing may vote on the hearing.
F. No party shall have a right to a hearing by the entire board of supervisors. No hearing shall be continued or postponed because of the absence of one or more supervisors, unless:
1. The absences prevent the presence of a three-supervisor quorum, or:
2. A quorum exists, but the supervisors exercise their discretion to continue the hearing until it can be held before the entire board. (Ord. 597 § 1(part), 2004).

A. The county counsel or his designee shall be present at all quasi-judicial hearings of the board of supervisors.
B. The clerk of the board of supervisors, or a deputy clerk, shall be present at all quasi-judicial hearings of the board of supervisors.
C. The county administrative officer or assistant county administrative officer shall be present at all quasi-judicial hearings of the board of supervisors.
D. Any affected departments shall ensure that appropriate staff are present at quasi-judicial hearings of the board of supervisors. (Ord. 597 § 1(part), 2004).

A. All witnesses planning to testify shall complete and submit to the clerk a county-supplied declaration form before the start of the quasi-judicial hearing session.
B. The form shall list the following:
1. The witness’s name;
2. The witness’s address. If the witness is an employee or official of a governmental department or agency and is testifying in the course and scope of duties, the witness may instead list the employing department or agency;
3. Whether the witness is testifying for the petitioner/appellant or respondent of the subject of the hearing;
4. Which written evidence the witness will refer to in his or her testimony, if any.
C. All witnesses planning to testify shall be sworn in by the clerk of the board of supervisors at the start of the session. (Ord. 597 § 1(part), 2004).

A. All written evidence shall either be submitted to the clerk of the board of supervisors in advance of the scheduled hearing, or may be presented as each witness is called to testify as to matters contained in such document(s).
B. The person submitting such evidence shall submit at least one copy of each document to be entered into evidence for each of the following: all supervisors, the clerk of the board of supervisors, the county administrative officer, the county counsel and the opposing party.
C. Petitioners/appellants shall mark their exhibits starting with Exhibit 1.
D. Respondents shall mark their exhibits starting with Exhibit A. (Ord. 597 § 1(part), 2004).

A. The presentation of evidence shall be in the following order:
1. The petitioner or appellant shall have the option of presenting an opening statement not to exceed five minutes. The respondent shall have the same option of presenting an opening statement of equal length, to follow the petitioner or appellant.
2. The petitioner or appellant shall then call its witnesses forward for testimony and questioning, and present such written evidence as provided in Section 8.02.060(A).
3. When the petitioner or appellant has finished calling its witnesses, the respondent may then call its witnesses for testimony and questioning.
4. When both sides have finished calling witnesses, the petitioner or appellant may make a closing argument not to exceed five minutes, to be followed by the respondent who shall also have five minutes to make a closing argument, if desired.
5. The board shall then close the hearing and take the matter under submission for deliberation and preparation of findings, as described elsewhere in this chapter.
B. Only relevant evidence is admissible. Any relevant evidence may be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely. The chairman of the board shall make the final determination as to admissibility of evidence.
C. When a witness has been excused, that witness shall not be recalled by anyone for further testimony. (Ord. 597 § 1(part), 2004).

The following persons may ask questions of the witness currently testifying:
A. The party that has called the witness (or its representative, if any);
B. The opposing side or its representative;
C. Members of the board;
D. County staff, including the county administrative officer and county counsel. Persons questioning the witness may use leading questions. However, the chairman shall exercise such control over the questioning of the witness so as to ensure rapid and distinct questioning that elicits truth and protects the witness from undue harassment or embarrassment. (Ord. 597 § 1(part), 2004).

A. Written findings shall be made in all quasi-judicial hearings. The findings shall refer to supporting evidence, including documents and oral testimony, and briefly discuss how the evidence supports the factual determination.
B. The board shall adopt findings no later than the third regular session of the board after the hearing for which the findings were prepared. (Ord. 597 § 1(part), 2004).