Section 36-7-11.3-30 - Reasons for disqualification of members from voting on matters; abstention of member(a) A member of the commission is not disqualified from hearing and voting upon a matter coming before the commission because the member:(1) owns or occupies primary or secondary property; or(2) belongs to a neighborhood association.(b) A member of the commission may abstain from voting on a matter if the member states reasons in the record.(c) A member of the commission is disqualified from voting if: (1) the member is an owner or occupant of: (A) the subject property; or(B) primary or secondary property of which a part lies within one hundred (100) feet of the subject property; or(2) the member is a person described by section 50(a)(2)(D) of this chapter.(d) If by virtue of the abstention of a member of the commission there is not present at a hearing upon a matter at least six (6) members of the commission able to vote on the matter, the chair shall redocket the matter for a hearing or rehearing at: (1) the next regular meeting of the commission; or(2) a special meeting set for a date not more than thirty (30) days following the date of the meeting at which the matter was or was to be heard.Pre-1995 Title 14 Recodification Citation: 14-3-3.2-9(a) part.
Amended by P.L. 127-2017,SEC. 191, eff. 7/1/2017.As added by P.L. 1-1995, SEC.84.