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Noise Control Appeals and Variance Review, Board of
Details about the Noise Control Appeals and Variance Review, Board of
Overview
The Board of Noise Appeals Control and Variance Review shall advice the Health Commissioner on standards, rules and regulations and such other matters as are submitted to it by him. The Board shall conduct hearings on appeals from actions and orders of the Health Commissioner. The Board shall consist of consist of three members appointed by the Mayor.
Apply to Serve (3 openings)
If no vacancies are available, your application will be kept on file for future consideration.
Board Members
No voting board members found.
Authorizing Legislation
Ordinance 68130 (2003), repealed Ordinance 64566 (1999).
Board Duties and Purpose
The Board shall advise the Health Commissioner on standards, rules and regulations and such other matters as are submitted to it by him.
The Board shall conduct hearings on appeals from actions and orders of the Health Commissioner. Notice of appeal from an order or decision of the Commissioner shall be filed within 10 days from the date of said order or decision. Fifty Dollars ($50.00) shall accompany the notice of appeal which shall be paid to the Secretary of the Board for deposit with the Treasurer of the City.
The Board member shall have authority to administer oaths and do all other necessary and proper duties in the conducting of a hearing.
At a Board hearing the parties involved and the Commissioner may appear with counsel, may file written arguments and may make oral arguments, offer testimony or cross examine witnesses, or take any combinations of such actions. The Board shall have authority to make such rules and regulations as are necessary to perform its functions and duties under this chapter. A copy of such rules and regulations shall be available to the general public.
All testimony taken before the Board shall be under oath and recorded steno graphically, except that the Board may require the submission of voluminous or detailed or technical testimony in writing under oath. The transcript of records shall be made available to any member of the public or to any party upon payment of the fair charges therefore.
Upon the request of any parties, or on the motion of any member of the Board, the Board shall issue subpoenas requiring the attendance and testimony of witnesses and the production of books and records relevant to any matter involved. Every subpoena shall be served by the City Marshal and shall be obeyed.
The Board may affirm, modify, or rescind any action of the Commissioner, if it finds that there is error in an order or decision of the Commissioner. The concurrence of any two members who were present at the hearing or who have read the transcript of the hearing shall be necessary for such decision regarding the order or decision of the Commissioner.
The Board shall notify all parties of record and their counsel in writing by United States mail of its decision. The Commissioner may issue appropriate orders requiring compliance with the decision of the Board. Any decision of the Board rendered pursuant to this section shall be final and any appeal therefrom shall be made pursuant to the Administrative Procedures Act as set out in Chapter 536 RSMo..
Member Requirements
The Mayor shall appoint a Board of Noise Control Appeals and Variance Review consisting of three members. One member shall be an attorney licensed in the State of Missouri and one shall be a professional engineer registered in the State of Missouri. The members shall be residents of the City. The members shall be appointed for terms of four years and shall be compensated as prescribed by the Civil Service Commission. To the maximum extent possible, the members should not have a substantial interest in any business either subject to regulation by this ordinance or engage in the manufacture, sale or distribution of air pollution control devices. The Mayor shall designate one of the members of the Board to serve as Chairman. The Health Commissioner shall serve as Secretary of the Board, but shall have no vote on the Board.
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Office of the Mayor, (314) 622-3201
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