The Board by resolution shall prescribe the minimum qualifications for hearing examiners, which shall include experience in the field of planning and zoning. The Board shall designate those persons who may be appointed by the Board as hearing examiners, shall determine compensation and other contractual terms with hearing examiners, and shall have the power, subject to any contractual terms, to dismiss any hearing examiner. (Ord. 97-4, 10-20-1997)

   A.   Notwithstanding any provision of this Title to the contrary, the Board by resolution shall designate those applications of a routine nature that do not require policy decisions which shall be referred to the hearing examiner.

   B.   Applications which otherwise shall be referred to the hearing examiner may be heard by the Commission or Board when such applications are submitted concurrently with other applications which shall be heard by the Commission or Board.

   C.   If no hearing examiner is appointed, the applications determined and defined by resolution of the Board shall be referred to the Commission. (Ord. 97-4, 10-20-1997)

The conflict of interest provisions of this Title and title 67, chapter 65, Idaho Code, shall apply to hearing examiners, and a hearing examiner shall not participate in the hearing of an application where a conflict of interest exists that would preclude participation under those provisions. The hearing examiner is further subject to the conflict of interest and other provisions contained in the by-laws of the Blaine County Planning and Zoning Commission, revised June 15, 1995. (Ord. 97-4, 10-20-1997)

Except as otherwise provided in this Chapter, the notice, hearing, and records for an application before the hearing examiner shall be as provided in this Code and State law for the hearing of such applications before the Commission. (Ord. 97-4, 10-20-1997)

   A.   Upon receipt of an application which shall be referred to the hearing examiner, the Blaine County Planning and Zoning Administrator (hereinafter referred to as "Administrator") or other Administrator's staff shall review the application for completeness. The Administrator may require additional information to be submitted by the applicant pursuant to provisions of this Title where such information is deemed necessary to further the evaluation by the hearing examiner. Upon finding that the application is complete, the Administrator shall certify same. The Administrator shall refer said certified application and all information attached thereto to the hearing examiner.

   B.   Copies of all applications referred to the hearing examiner and the entire public record with regard thereto shall be kept in the Blaine County Planning and Zoning Department offices and shall be made available to the public for review for the period of time specified by State law and this Code prior to any hearings of the hearing examiner. All applications referred to the hearing examiner, hearing examiner reports, findings, decisions, records of hearings, and other documentation related to said applications shall be kept in the public records of the Blaine County Planning and Zoning Department. (Ord. 97-4, 10-20-1997)

The hearing examiner shall review all information supplied by the Administrator prior to the hearing. The hearing shall be conducted in accordance with this Title and applicable State law upon a finding that notice was adequate and in compliance with requirements contained in this Code and State law. Reasonable time limits may be established at the outset of the hearing, and both the applicant and other members of the public shall be given an opportunity to be heard. Hearings may be continued in accordance with this Title. All hearings shall be tape recorded. A transcribable record of all hearings before the hearing examiner shall be kept and maintained pursuant to Idaho Code by the Blaine County Planning and Zoning Department. (Ord. 97-4, 10-20-1997)

In hearing an application, the hearing examiner shall apply the standards and other criteria that are applicable under this Title, other ordinances, the Comprehensive Plan and State law to a direct review of such an application by the Commission. (Ord. 97-4, 10-20-1997)

   A.   After a hearing is closed, the hearing examiner shall prepare a written document (hereinafter referred to as "findings of fact and decision") which shall include: 1) a brief description of the application; 2) a summary of testimony received; 3) the ordinance and standards used in evaluating the application; 4) a finding as to the adequacy of notice; 5) findings of fact; 6) conclusions of law; 7) decision; 8) conditions of approval; and 9) the actions, if any, that the applicant could take to obtain a permit.

   B.   The findings of fact and decision as prepared by the hearing examiner shall be signed and filed with the Administrator and shall be available to the applicant and the public no more than fourteen (14) days after the close of the hearing. (Ord. 97-4, 10-20-1997)

The findings of fact and decision of the hearing examiner may be appealed to the Board in the manner prescribed by Chapter 32 of this Title, provided a notice of appeal is timely filed as required by that Chapter. (Ord. 97-4, 10-20-1997)