TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 65

LOCAL LAND USE PLANNING

67-6520.  Hearing examiners. (1) Hearing examiners include professionally trained or licensed staff planners, attorneys, engineers, or architects. If authorized by local ordinance adopted, amended, or repealed in accordance with the notice and hearing procedures provided in section 67-6509, Idaho Code, hearing examiners may be appointed by a governing board or zoning or planning and zoning commission for hearing applications for subdivisions, special use permits, variances and requests for rezoning which are in accordance with the plan. Notice, hearing, and records before the examiner shall be as provided in this chapter for the zoning or planning and zoning commission. Whenever a hearing examiner hears an application, he may, pursuant to local ordinance, grant or deny the application or submit a recommendation to the governing board or zoning or planning and zoning commission. His decision or recommendation shall specify:

(a)  The ordinance and standards used in evaluating the application;

(b)  The reasons for the recommendation or decision; and

(c)  The actions, if any, that the applicant could take to obtain an approval.

(2)  Every final decision shall provide or be accompanied by notice to the applicant regarding the applicant’s right to request a regulatory taking analysis pursuant to section 67-8003, Idaho Code. An applicant denied an application or aggrieved by a final decision concerning matters identified in section 67-6521(1)(a), Idaho Code, may within twenty-eight (28) days after all appellate remedies have been exhausted under local ordinance seek judicial review as provided by chapter 52, title 67, Idaho Code.

History:

[67-6520, added I.C., sec. 67-6520, as added by 1975, ch. 188, sec. 2, p. 515; am. 1992, ch. 269, sec. 7, p. 836; am. 1993, ch. 216, sec. 112, p. 678; am. 1996, ch. 150, sec. 1, p. 488; am. 1999, ch. 396, sec. 14, p. 1110; am. 2010, ch. 175, sec. 2, p. 360.]