§47C-6 Public hearing; declaratory judgment.

332 words·~2 min read·/hi/47c-6

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§47C-6 Public hearing; declaratory judgment. In the event the certification by the director of finance of any summary and supporting schedules filed with the council of the county shall set forth therein that the corporation counsel or the chairperson of the finance committee has disagreed as to any item therein, the council at its election may hold a public hearing on any factual matters as to which there is disagreement. The public hearing shall be held at a regular meeting of the council.

Public notice of the public hearing shall be given at least once at least five days prior to the date set for the hearing in the county. The council after the public hearing may make findings as to all the factual items about which there is disagreement, which findings shall be conclusive. Upon the findings having been made, the director of finance shall revise the summary and supporting schedules to reflect the findings, and shall certify the revised summary and supporting schedules to the council.

In the event the certification by the director of finance of any summary and supporting schedules filed with the council of the county shall set forth therein that the corporation counsel has disagreed as to any legal finding or determination therein, the council at its election may direct the corporation counsel to file a declaratory judgment action in the name of the county against the director of finance in the circuit court having jurisdiction over the county. The circuit court having jurisdiction over the county is hereby vested with jurisdiction over the declaratory judgment action.

The findings and determinations by the circuit court in the action shall be conclusive. Upon the findings and determinations having been made by the circuit court, the director of finance shall revise the summary and supporting schedules to reflect the findings, and shall certify the revised summary and supporting schedules to the council. [L 1970, c 202, pt of §1; gen ch 1993; am L 1998, c 2, §16]