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Indiana Code Title 36. Local Government § 36-7-11.3-30

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 30. (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.

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Cite this article: FindLaw.com - Indiana Code Title 36. Local Government § 36-7-11.3-30 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-36-local-government/in-code-sect-36-7-11-3-30/

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