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(a) The decision of the Council or Board on any matter heard by the Hearing Examiner must be rendered within 30 days after the Hearing Examiner's report is transmitted, unless the Council or Board extends the time.
(b) The affirmative vote of a majority of the Council or 4 members of the Board is required to approve a special exception. The affirmative vote of at least 4 members of the Board is required to adopt a resolution granting, revoking, suspending, amending, extending the time in which to implement, or modifying a special exception application, except as provided under Section 59-A-4.123(c)(1). If the necessary number of affirmative votes is not achieved for any reason, the special exception is denied.
(c) Every final decision or order adopted under this section must be accompanied by an opinion of the Council or Board stating its conclusions and reasons or adopting the findings and recommendation of the Hearing Examiner filed in the case record.
(d) The Board must promptly mail a copy of every final decision or order adopted under this section to the applicant, the Planning Board, and all persons or associations appearing or testifying personally or by counsel at the hearing as shown by the hearing transcript. The Board must also promptly send a copy to the Supervisor of Assessments for Montgomery County, the Department of Finance, and the Department.
(e) All matters decided under this Section must be decided on the basis of the evidence or record; but any matter heard by the Hearing Examiner may be decided solely on the basis of the Examiner's report and recommendation.