Presentation on theme: "Board Of Appeals Documents"— Presentation transcript:
1 Michigan Department of Licensing and Regulation Bureau of Construction Codes
2 Board Of Appeals Documents Irvin J. Poke, AIA, DirectorCourse Hour Com
3 Agenda Review the Documents need for the Appeal Provide the key points of each documentExplain the Reason for documents
4 Notice of HearingPursuant to the authority contained in Stille-DeRossett-Hale Single State Construction Code Act, 1972 PA 230, Section 16, (MCL ); a hearing will be held in response to the request of Applicant Name, dated Appeal Received Date, to appeal for relief from the requirements of Code Section (Section #) . In the event that a party in this hearing intends to offer additional exhibits, transmit one (1) copy to each party listed on the attached proof of service and (1) copy to this office with proof of service.
5 Notice of Hearing (cont) All parties are expected to be prepared to present competent evidence regarding the disputed issues. This hearing will be conducted in accordance with procedures applicable to contested cases and the Administrative Procedures Act of 1969.
6 Proof of ServiceI hereby state, to the best of my knowledge, information, and belief, that a copy of the foregoing document was served on this date upon all parties and/or attorneys of record in this matter by to those parties employed by the State of Michigan and by first class mail to the remaining parties at their respective addresses as disclosed below.
7 Docket HistoryThis is a document that lists all document that are part of the record and all eventsReceived DateDocument DateMailing Date/ Event DateDocument/ Event Name/ Description
8 Docket HistoryI, (Name), Chief of the (Division Name) of the Bureau of Construction Codes having the custody of the files and the records of the (Board/Commission name) in this matter, do hereby certify that the above is a complete listing of the record. And, that the attached documents herein comprise the complete record before the (Board/Commission name) in the above captioned matter.In testimony of the above, I sign this day (ie 10th) day of (month), (year).
9 Hearing Agenda I. Everyone providing testimony will be sworn in. II. The petitioner shall be afforded adequate time to present arguments for appeal. The Board may ask questions.III. The respondent shall have equal time to present arguments against the appeal. The Board may ask questions.IV. The Board shall have the opportunity to question all parties.V. The Bureau of Construction Codes shall have the opportunity to comment on the application of the code and administrative procedures.
10 Procedural Instructions The parties are not to address each other. Any questions or issues shall be addressed to the panel.This proceeding is conducted in accordance with the practices of Construction Code Commission. The decision of this panel is binding on all parties unless appealed in accordance with the act.These proceedings are being recorded. All parties are required to state their name each time before speaking. Please wait until recognized by the Chair before speaking and speak clearly.
11 Oath“All persons providing testimony please raise your right hand: Do you solemnly swear or affirm to tell the truth, the whole truth, and nothing but the truth, so help you God?"
12 Decision of the Board (cont) Background; The subject of this appeal is describe circumstances leading up to appeal (i.e. plan review denial, inspection violation)Procedural Findings: On consideration of the request dated (Date of Request), from Petitioner, a hearing before the Michigan (Name of Board/Commission) was held (Date), at the Bureau of Construction Codes, 2501 Woodlake Circle, Okemos, Michigan in accordance with the Stille-DeRossett-Hale Single State Construction Code Act, 1972 PA 230, Section Present were (Names and Representation)
13 Decision of the Board (cont) Issue: Identify the subject matter of the appeal by describing the requirement and the alternate method of complianceFindings of Fact: Present the facts in the case from both parties (i.e. petitioner testimony, respondent testimony)Conclusions: Analysis to determine which facts are valid and why, and which facts are not valid and why
14 Decision of the Board (Cont) Decision: THEREFORE, it is ordered that the request for relief from the requirements of (cite section and code) be (granted or denied), subject to (if applicable, enter conditions of approval). A person aggrieved by this decision may petition the Construction Code Commission to review this decision in accordance with the Stille-DeRossett-Hale Single State Construction Code Act, 1972 PA 230, Section (2).