Sec. 36. (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 a Meridian Street or bordering 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 the 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) Meridian Street or bordering 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 56(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.]
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