§ 10B-12. Hearing Panel.  


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  • (a) If a hearing is scheduled, the chair of the Commission must convene a 3-member panel to hear the dispute.
    (b) The chair must choose two members of the panel from the voting members of the Commission. The persons selected must represent the two different membership groups of the Commission. The two Commission members must designate the third member from a list of volunteer arbitrators trained or experienced in common ownership community issues maintained by the Commission. The third member must chair the panel. If a suitable arbitrator is not available, the chair of the Commission must designate the third panelist from among the voting members of the Commission, and must designate the chair of the panel.
    (c) Each panelist must not have any interest in the dispute to be heard.
    (d) Each volunteer arbitrator must not represent any parties in disputes before other hearing panels convened under this Chapter.
    (e) If the Commission chair decides that a hearing should be held by a hearing examiner instead of a hearing panel, the chair, with the approval of the Commission, may designate the Office of Zoning and Administrative Hearings to conduct the hearing.
    (f) If the parties to a dispute agree that the hearing should be held and the dispute decided by a hearing examiner instead of a hearing panel, the chair must designate the Office of Zoning and Administrative Hearings or another hearing examiner to conduct the hearing and issue a decision. (1990 L.M.C., ch. 33, § 1; 1994 L.M.C., ch. 9, § 1; , § 1; , § 1.)