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The Board will not grant a request to rehear a case which was denied, dismissed, or withdrawn with prejudice unless: (1) substantial new evidence is submitted that was not available at the time of the initial hearing, (2) there is a material change in plans or circumstances, or (3) an application is filed under a different jurisdictional provision of the law.
In all cases, the request for rehearing must be made on the SOC Form, must state the reasons for the request, and must be accompanied by necessary supporting documents and plans. The Chair and the executive director will schedule a hearing date when the Board will review the request for restoration to the calendar. The executive director will inform the applicant and, if different from the applicant, the owner of the subject property, of the hearing date at least twenty (20) days in advance of the public hearing. If, on motion of the Chair, adopted by three (3) affirmative votes, the request for a rehearing is granted, the case will be placed on the appropriate calendar and scheduled for a rehearing. The Board, if appropriate, may direct the applicant to file a new application with the requisite application forms and fees. All rules of notice as required by these Rules for the original hearing of the case must be followed.