Rule 3-104. Prehearing procedure.

   (a)   Generally. There shall be no prehearing procedure before the County Board of Appeals except as follows:

      (1)   motion to determine standing;

      (2)   motion to dismiss for lack of jurisdiction;

      (3)   request for postponement pursuant to Rule 3-103 or for advancement pursuant to Rule 2-102;

      (4)   request for waiver of six-month hearing requirement pursuant to Rule 3-103; or

      (5)   request for withdrawal of an appeal pursuant to Rule 3-102.

   (b)   Ex parte communications. In accordance with § 3-1-106 of the Anne Arundel County Code, a party, attorney, spokesperson, or representative of any party or any other person may not communicate ex parte or confer privately with any member of the County Board of Appeals concerning any appeal. Any information sought by an interested party shall be directed to the Clerk of the Board or to the Attorney to the Board. A member of the Board may not communicate with any party, attorney, spokesperson or representative of any party, or other person outside of the hearing room concerning any appeal until after the Board is divested of jurisdiction in the case.

   (c)   Penalties. Any person who violates a provision of subsection (b) shall be subject to the penalties set forth in § 9-1-101 of the Anne Arundel County Code.

(Bill No. 53-86; Bill No. 99-93; Bill No. 14-01)