Current through September 18, 2024
A. Final decisions
or orders adverse to a party in a contested case shall be in writing and made
part of the record. The final decisions shall include findings of fact and
conclusions of law separately stated. Final decisions or orders adverse to a
party in a contested case may be signed by the Chairman, Vice Chairman, or the
Executive Director.
B. Findings of
Fact. If set forth, the statutory language shall be accompanied by a concise
and explicit statement of the underlying facts supporting the findings. These
facts shall be based exclusively upon the record and matters officially
noticed. The parties and their attorneys of record shall be notified of the
decision of the Council. The City or Town Clerk and the local building official
of the community of which the Assent is granted shall be sent a copy of the
Assent or its denial.
1. The Council shall
consider the written recommendations of agency staff in making a final
decision, in addition to any new evidence or sworn testimony offered at the
meeting in which each case is heard.
2. The Council shall make written express
findings of fact and conclusions of law, separately stated, on each case. If
the Council does not follow the recommendation of the agency staff, then it
must specifically set forth the reasons therefore.
C. Modification of Assents and Final
Decisions
1. At any time prior to the
expiration of an Assent, the full Council by majority vote may, based upon the
evidence presented to it, modify an Assent. The City or Town Clerk and the
local building official in the community shall be notified of the
modification.
2. The Council
authorizes the Executive Director in his discretion to modify an Assent or
final decision of the Council when the requested modification is consistent
with the prior approval of the Council and the applicant and staff review have
clearly demonstrated to the Executive Director's satisfaction that the
project's overall impact to the State's coastal resources will be less than or
equal to the existing Assent or decision.
D. Permit Revocation
1. The Council may revoke a permit for
noncompliance with or violation of its terms after written notice of intention
to do so has been given the holder, and the holder, in return, has been given
the opportunity to present evidence to the contrary to the Council. Financial
hardship on the part of a holder shall not be a defense to the revocation of a
permit. The Council may also revoke a permit if it finds that the holder or his
agent submitted relevant false information to the
Council.
