(A) Time and place. A public appearance before the Commission shall be held at the date, time and place of the regularly scheduled monthly meeting. However, where circumstances require a change in the date, time, or place of the public appearance after notice has already been given, the Commission shall make reasonable efforts to notify the public and any applicants of the change.
(B) Official record.
(1) In general. The Commission shall prepare, maintain and supervise the custody of an official record for each application. The official record shall include the application, exhibits, and minutes or transcript of the public appearance. The official record shall be opened upon the filing of a completed application with the Town Manager. Documentary evidence may be received in the form of copies, excerpts, photographic reproductions, models, or by incorporation by reference.
(2) Inspection of official record. Subject to the provisions of the Maryland Public Information Act, and upon reasonable notice, any person shall have the right to review the official record at reasonable hours at the Town Office. Any person may, at his or her own personal expense, request a copy of the written transcript of any public appearance.
(C) Ex parte communication.
(1) This rule applies to any ex parte or private communication, written or oral, received by a Commissioner if:
(a) The communication is related to an application before the Commission or planned to be before the Commission;
(b) The appellate rights regarding the application have not been exhausted; and
(c) The Commission is required by law to make an administrative decision on the matter based on the record.
(2) This rule does not apply to legal or technical advice rendered at the request of the Commission.
(3) If a Commissioner receives an oral ex parte or private communication, that Commissioner shall reduce the substance of the communication to writing within reasonable time after receipt of the communication and include it in the official record.
(4) The Commission shall include the ex parte or private communication in the official record and may:
(a) Consider the communication as a basis for its decision or non-decision after giving all parties an opportunity to respond to the communication; or
(b) Decide the matter if the Commission expressly finds that it has not considered the communication as a basis for its decision.
(D) Evidence. The Commission may admit and give appropriate weight to evidence which possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs, including hearsay evidence which appears to be reliable in nature. It shall give effect to the rules of privilege recognized by law. Evidence must be competent, material, and relevant to all matters at issue. The Commission may exclude incompetent, unreliable, irrelevant or unduly repetitious evidence, or produce evidence at its own request. The Commission may take official notice of commonly cognizable facts, facts within each Commissioner’s particular realm of professional expertise, and documents or matters of public record.
(E) Cross-examination. Every party has the right of reasonable cross-examination of witnesses who testify, and may submit rebuttal evidence. Repetitious questions and examination on irrelevant matters is not permitted. Cross-examination is subject to reasonable regulation by the Commission including the designation of specific persons to conduct cross-examination on behalf of other parties.
(F) Right to counsel. In any case governed by these procedures, all parties have the right to be represented by themselves or by an attorney of their choice. Parties can also be represented by an individual familiar with the application, including their contractor, architect, or other representative, if authorized in writing by the owner on the application.
(G) Powers of the Commission in conducting a public appearance. In addition to any of the powers granted to the Commission by Chapter 93, the Commission may, at their discretion, undertake the following so as to achieve the orderly and efficient conduct of business:
(1) Regulate the course of a public appearance and allow the official record in a public meeting to remain open;
(2) Dispose of procedural requests or similar matters, including requests for a continuance;
(3) Call, examine, and cross-examine witnesses and obtain and introduce into the official record documentary or other evidence;
(4) Request the parties at any time during the public appearance to state their respective positions or theory concerning any issues in the application;
(5) Take any action authorized by law or necessary to a fair disposition of an application;
(6) Accept evidence by stipulation of facts;
(7) Schedule, suspend, or continue a public appearance to a date and time certain with notification as provided for in this regulation;
(8) Require the designation of a spokesperson for any group of parties either supporting or opposing an application who shall conduct any opening, direct examination, cross-examination, closing or testimony in general, so as to achieve the orderly presentation of a case.
(H) Public appearance conduct and procedure.
(1) Unless otherwise provided by the law:
(a) A quorum of the Commission must be present to conduct a public appearance or hearing.
(b) All public appearances and hearings shall be de novo before the Commission.
(c) The members of the Commission shall be subject to disqualification for conflict of interest as defined by Chapter 12 of the Code of the Town of Chestertown. Suggestions for disqualification of any Commissioner may be made on petition of any party. A motion for disqualification shall be resolved by the Commissioner whose disqualification is sought.
(2) The Commission may establish reasonable time limitations and registration requirements for witnesses and speakers, so that all may have an opportunity to be heard. In general, these times limits will be:
(a) Historic District Permit applicant: 7 minutes
(b) Comment by interested or aggrieved parties: 3 minutes
The Commission may waive these time limits.
(3) All exhibits accepted shall be held or referenced in the official record. Those exhibits whose admission is rejected shall either be returned to the offering party or retained in the official record with appropriate notations reflecting that the material was rejected as an exhibit.
(4) Rulings on motions, petitions and objections made during the course of a public appearance shall be ruled on as received or as soon thereafter as practicable.
(5) The ordinary, but not mandatory, order or procedure for the conduct of a public appearance and the presentation of evidence is as follows, subject to waiver or such reasonable changes as may be ordered by the Commission or by law:
(a) Disposition of all outstanding preliminary motions and preliminary matters.
(b) Presentation by Commission staff.
(c) Opening statement and presentation of factual case of the applicant.
(d) Closing argument of the applicant.
(e) At the end of each presentation, any party, upon recognition by the Chair, may briefly cross-examine any speaker.
(6) During regularly scheduled public appearances, the Commission may review applications on an expedited basis in a consent calendar - that is without presentations by staff, applicant, or other parties - if the Commission desires and there are no parties opposing the application.
(7) (a) Unless otherwise determined by the Commission, the record shall remain open until the final decision is made. Once the record is closed, no additional information will be received except for good cause shown and a showing that it is material.
(b) Failure to appear. Upon the failure of an applicant to appear at a public appearance, and upon finding that such party had timely legal or actual notice of the appearance, the Commission may receive evidence and decide the case as if all parties were present.
(Ord. 01-2012, passed 2-6-2012)