(1) An appeal of a DNS or an MDNS is reviewed under the clearly erroneous standard. Under the clearly erroneous standard, the hearing examiner may only overturn the decision of the responsible official if, after reviewing the entire record, the examiner is left with the definite and firm conviction that a mistake has been made.
(2) An appeal of an EIS adequacy determination is reviewed under the rule of reason standard. Under the rule of reason standard, the hearing examiner may only find the EIS inadequate if it fails to provide a reasonably thorough discussion of the significant aspects of the probable environmental consequences of the proposed action.
(3) In any appeal, the environmental determination made by the responsible official shall be entitled to substantial weight. The appellant shall have the burden of proof. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).