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 Orlando
 Code of Ordinances
 Chapter 59. CONCURRENCY MANAGEMENT
 Part 9. VESTED RIGHTS DETERMINATIONS

  § 59.910. Administrative Hearing.  

Latest version.

  • The Hearing Officer shall schedule a hearing to be held within thirty (30) calendar days of the date he receives the written determination and the application from the Director.

    Stipulation. If the Director and the Applicant have stipulated to vested rights or a taking, appropriate action shall be taken to reserve capacity pursuant to the stipulation. Once a Stipulation is properly executed, Development Orders may be issued notwithstanding that the Hearing Officer has not ratified the Stipulation.

    Evidence. The Hearing Officer shall have the power to compel the production of evidence, compel compliance with requests for discovery, and compel the attendance of witnesses. These powers of the Hearing Officer may be enforced through a court of competent jurisdiction.

    Oath. The Hearing Officer shall have the power to administer oaths. All testimony shall be under oath.

    Consideration. The Hearing Officer shall consider all relevant evidence, the Recommendation and argument of the Director of Planning and Development, and argument of the Applicant.

    Burden of Proof. The Applicant shall have the burden of coming forward with the evidence and the burden of proof. The decision of the Hearing Officer shall be based on competent substantial evidence after applying the criteria set forth in applicable administrative, federal and state case law in effect at the time the claim was asserted.

    Formality. Formal rules of evidence shall not apply. Hearsay evidence may be admitted but shall not form the sole basis upon which the Hearing Officer's decision is made. The hearing shall be conducted in a manner to ensure that procedural and substantive due process is afforded the Applicant.

    Order. The Hearing Officer shall approve or deny in whole or in part the claims of the applicant, or may postpone the matter for submission of additional information. A decision shall be made by the Hearing Officer within forty-five (45) calendar days of the date complete information, as determined by the Hearing Officer, is submitted to the Hearing Officer. An Applicant may elect to have the decision based solely on the information submitted, without hearing, in which case the decision shall be made within thirty-five (35) calendar days of such election during which time the Planning Director may gather additional information for review by the Hearing Officer. The decision of the Hearing Officer shall be reduced to writing and shall contain findings of fact and conclusions of law, and shall provide the legal description of the property to which it applies. It may contain reasonable conditions necessary to effect the purposes of this Ordinance and the Concurrency Requirements of the Plan. It shall state that it is subject to expiration in accordance with this or subsequent ordinance(s). It shall be filed with the Planning Director and a copy provided to the Applicant.

    Appeals. Only parties to the hearing may file an appeal.

(Ord. of 9-16-1991, Doc. #25096; Ord. of 11-16-1992, Doc. #26149)