A. The Board shall hear all cases referred to it from the Chief of Police, or his designee, with respect to persons resident of the Town, under the age of 18, who are charged with violating the criminal laws of the state, limited to wayward, misdemeanor and status offenses, and violations of Town ordinances as to an offense occurring after October 1, 1996. Referral to the Board shall not be offered to any juvenile:
(1) Who has been charged with the crime of assault or battery;
(2) Who shall have been twice previously referred to the Board or who shall have been once previously referred to the Board and thereafter failed to abide by the sanctions imposed or to make restitution recommended by the Board; or
(3) Who at the time of commission of the offense was within the custody and control of the Family Court, not to include guardianship matters.
B. The Board may refuse to hear a case if the juvenile refuses to provide requested information; fails to appear when requested; or refuses to cooperate with the proceedings of the Board. In such a case, the Board shall immediately notify, in writing, the Chief of Police, or his designee, of its refusal, and the Chief of Police, or his designee, shall thereafter refer the case to the Family Court.