§ 36-7-4-402 — Duties; employees; hearings

(a) ADVISORY. Each advisory plan
commission shall prescribe the qualifications of, appoint, remove, and
fix the compensation of the employees of the commission, which
compensation must conform to salaries and compensations fixed before
that time by the fiscal body of the county or municipality, as the case
may be. The commission shall delegate authority to its employees to
perform ministerial acts in all cases except where final action of the
commission or a board of zoning appeals is required by law.
(b) AREA. Each area plan commission shall prescribe the
qualifications of, and with the consent of the executive director, fix the
compensation of the employees of the planning department, which
compensation must conform to salaries and compensations fixed before
that time by the county fiscal body. The commission shall delegate
authority to its employees to perform ministerial acts in all cases except
where final action of the commission or a board of zoning appeals is
required by law.
(c) METRO. The metropolitan development commission shall
delegate authority to employees of the department of metropolitan
development to perform ministerial acts in all cases except where final
action of the commission or a board of zoning appeals is required by
law.
(d) The plan commission may delegate to a hearing examiner or a
committee of the commission the authority to conduct any public
hearing required to be held by the commission or make any decision
required to be made by the commission, or both. However, only a plat
committee appointed under section 701(e) of this chapter may be
delegated the authority to make decisions under the 700 series of this
chapter. Such a hearing must be held upon the same notice and under
the same rules as a hearing before the entire commission, and the
examiner or committee shall report findings of fact and
recommendations for decision to the commission or make the decision
on behalf of the commission. A decision made under the authority of
this subsection may not be a basis for judicial review, but it may be
appealed to the plan commission. An interested person who wishes to
appeal a decision made under the authority of this subsection must file
the appeal not later than five (5) days after the date the decision is
made, and the plan commission shall then hold the prescribed hearing
and render its decision.
(e) METRO. The metropolitan development commission may
designate a historic preservation commission created under IC 36-7-11.1-3 to conduct the public hearing required to be held by the
metropolitan development commission under the 600 series of this
chapter relative to the territory included in a historic area or historic
zoning district created under IC 36-7-11.1-6. The hearing must be held
upon the same notice and under the same rules as a hearing before the
metropolitan development commission. The historic preservation
commission shall report to the metropolitan development commission
the historic preservation commission's findings of fact and
recommendations for decision. The metropolitan development
commission shall by rule provide reasonable opportunity for interested
persons to file exceptions to the findings and recommendations. If an
exception is filed in accordance with the rules, the metropolitan
development commission shall hold the prescribed hearing. If an
exception is not filed, the metropolitan development commission shall
render a decision without further hearing. However, this subsection
does not eliminate the need for a historic preservation commission to
issue a certificate of appropriateness under IC 36-7-11.1-8(e) before the
approval of a rezoning by the metropolitan development commission.
[Pre-Local Government Recodification Citations: 18-4-8-9
part; 18-7-2-20 part; 18-7-4-402; 18-7-4-25 part; 18-7-5-28
part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts
1981, P.L.310, SEC.19; P.L.321-1995, SEC.1; P.L.126-2011,
SEC.13.