Sec. 59-H-6.5. Oral argument.

   (a)   (1)   Within 10 days after the Hearing Examiner's report prepared under Section 59-D-1.74(d) or 59-H-5.12 is transmitted to the Council, any aggrieved party may request, in writing, an opportunity to present oral argument to the District Council before the District Council renders a decision.

      (2)   An aggrieved party includes any person or association which participated in person, in writing, or by counsel at the hearing before the Hearing Examiner, or any party who would be aggrieved by the Council's decision.

      (3)   Each request for oral argument must be filed with the District Council and must be limited to matters contained in the record compiled by the Hearing Examiner. Each request must concisely describe each finding or recommendation in the Hearing Examiner’s report to which the requester objects.

      (4)   The requester must send a copy of any request for oral argument to the Hearing Examiner and each party who participated at the hearing, as listed by the Hearing Examiner.

      (5)   Within 5 days after a request for oral argument is filed with the Hearing Examiner’s office, any interested party may rebut, in writing, a request for oral argument or request to participate in oral argument if oral argument is allowed.  Any rebuttal must be concise and limited to matters raised by the party who requested oral argument.  Any rebuttal to a request for oral argument must be sent to the Hearing Examiner and each party who participated at the hearing, as listed by the Hearing Examiner.

      (6)   Before any written material submitted by any party is distributed to the Council, the Hearing Examiner must redact any material not allowed under this subsection.  If the Hearing Examiner redacts any material, before oral argument is held the Hearing Examiner must send a copy of the material distributed to the Council to the party who submitted the redacted material.

   (b)   The District Council may, in its discretion, grant or deny a request for oral argument. The District Council may, on its own motion, require oral argument on any aspect of the case. When oral argument is allowed, the Council must:

      (1)   set the day and time for oral argument;

      (2)   limit oral argument to specific topics;

      (3)   set time limits for oral argument; and

      (4)   specify the order of presentations.

   (c)   Each oral argument must be limited to matters contained in the record compiled by the Hearing Examiner.

   (d)   After oral argument, the District Council must either decide the application or remand the application to the Hearing Examiner for clarification or taking additional evidence.

(Legislative History: Ord. No. 9-73, § 1; Ord. No. 11-7, § 5; Ord. No. 16-55, § 6.)

   Editor’s note—Section 59-H-6.5 is cited in Manian v. County Council for Montgomery County, 171 Md. App. 38, 908 A.2d 665 (2006).  The above section is cited in Boyds Civic Association v. Montgomery County Council, 67 Md.App. 131, 506 A.2d 675 (1986).