Sec. 59-H-5.3. Authority of Hearing Examiner.

   (a)   The Hearing Examiner may:

      (1)   schedule for public hearing any application for a local map amendment;

      (2)   extend the time for closing the record, either to a time certain or for a reasonable time, if:

         (A)   the Hearing Examiner finds additional information or government action is necessary on any relevant issue; or

         (B)   the applicant or another party requests a delay for good cause;

      (3)   postpone or continue a public hearing to a time certain or for a reasonable time if:

         (A)   the Hearing Examiner finds that the pendency of any proposed master plan, sector plan, plan amendment, highway plan, capital improvement program, zoning or planning study, zoning text amendment, pending court case, or other relevant matter may substantially affect the application under consideration; or

         (B)   the applicant or another party for good cause requests a postponement or continuance.

   (b)   The District Council may, by resolution, order the hearing examiner to postpone or continue a public hearing or the issuance of a report and recommendation on a local map amendment application, either to a time certain or for a reasonable time, when a delay is necessary to allow sufficient time for the District Council to approve any master plan,  sector plan, plan amendment, zoning or planning study, highway plan or project, zoning text amendment, sewer, water, or other capital improvements project, which may have a substantial effect on any local map amendment application before the Hearing Examiner.

   (c)   The Hearing Examiner may issue subpoenas to compel the attendance of witnesses and production of documents at any public hearing and administer an oath to any witness appearing before the Examiner.

   (d)   The Hearing Examiner may allow an applicant to withdraw an application for a local map amendment at any time.  If a request for withdrawal is filed after the notice of hearing is published, an application to reclassify all or any part of the land in the previous application must not be filed within the time limit in subsection 59-H-2.23 unless the application satisfies subsection 59-H-6.6.

(Legislative History: Ord. No. 16-14, § 3; Ord. No. 16-55, § 5.)