First, findings must specifically identify facts found in the record which the board considers relevant in the application of the substantive legal standard relating to their decision. Second, findings must evidence some analysis of those facts in relation to the substantive legal standard. Similarly, personal observations and knowledge of board members may provide the factual basis for a decision, so long as those observations and knowledge are entered into the record. It is axiomatic that information within the knowledge of the administrative decision maker but outside the record of the matter before it cannot be utilized to support its decision. Occasionally, however, a failure to making findings and lack of sufficiency of the record will result in annulment of the board s decision and remittal with direction that the permit be issued.
Findings memorialize the process the administrative board undertakes when it makes a decision.
It must first collect the evidence found in the record, then appraise the evidence by assigning it appropriate weight and credibility. Only then may the board correlate the evidence with the applicable legal standard to result in findings which, cumulatively, yield the board s final decision. The board which clearly memorializes this process by including detailed and carefully written findings in its decisions has given itself the best insurance against successful challenge. This memorandum provides general information and guidance only. The authors encourage local board members to seek legal counsel for any specific question or matter under review.