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(a) The Office of Zoning and Administrative Hearings must:
(1) schedule and conduct public hearings on any appeal or other matter assigned by law or by the County Council, County Executive, or other officer or body authorized to assign matters to a hearing examiner;
(2) issue a subpoena, enforceable in any court with jurisdiction, when necessary to compel the attendance of a witness or production of a document at any hearing, and administer an oath to any witness;
(3) allow each party in any hearing a reasonable opportunity to cross examine each witness not called by that party on matters within the scope of that witness' testimony;
(4) forward a written report, with a recommendation for decision, to the body that assigned the matter, including findings of fact and conclusions of law where required or appropriate;
(5) adopt regulations, subject to Council approval under method (2), to govern the conduct of public hearings and other activities of the Office.
(b) The Office may act as an administrative office or agency designated by the District Council, as prescribed in Division II of the Land Use Article of the Maryland Code.
(c) The Office may hear, and submit a written report and decision to the specified officer or body on, any:
(1) application to initiate, modify or revoke a special exception or conditional use, as provided in Chapter 59;
(2) designation by the County Council of a geographic area as a community redevelopment area;
(3) matter referred by the Board of Appeals under Section 2-112(b); or
(4) waiver or objection to a finding made by the Director of the Department of Housing and Community Affairs concerning an application for an accessory dwelling unit rental housing license under Section 29-26.
(d) When the County Executive or a designee must conduct an administrative hearing under any law, the Executive may authorize the Office of Zoning and Administrative Hearings to conduct the hearing or any particular class of hearings. (1976 L.M.C., ch. 44, § 2; 1984 L.M.C., ch. 24, § 4; 1988 L.M.C., ch. 27, § 2; 1996 L.M.C., ch. 13, § 1; 2000 L.M.C., ch. 20, § 1; 2001 L.M.C., ch. 30, § 1; 2013 L.M.C., ch. 2, § 1; 2013 L.M.C., ch. 4, § 1; 2016 L.M.C., ch. 8, § 1; 2018 L.M.C., ch. 28, § 1; 2019 L.M.C., ch. 18, §1.)
*Editor’s note—2016 L.M.C., ch. 11, § 2, states: “Transition. Any group created by law, resolution, or executive order after this Act takes effect must be classified as either a board, committee, commission, or task force. This Act must not be construed to require the renaming of any group that existed before this Act takes effect.”
Cross references—Library Board, § 2-46 et seq.; local Library Board advisory committees, § 2-51; Criminal Justice Coordinating Commission, § 2-60; Board of Health, § 2-65; County Board of Appeals, § 2-108 et seq.; Agricultural Preservation Advisory Board, § 2B-2; Animal Matters Hearing Board, § 5-104; Arts and Humanities Council, § 5A-3 et seq.; Contract Review Committee, § 11B-7; Juvenile Court Committee, § 12-36 et seq.; Board of Electrical Examiners, § 17-12 et seq.; Energy Conservation Advisory Committee, § 18A-5 et seq.; Ethics Commission, § 19A-5, et seq.; Fire and Rescue Commission, § 21-2, et seq.; Fire Board, § 21-4; Fire Corporation Boards, § 21-28 et seq.; Commission on Health, § 24-23 et seq.; Mental Health Advisory Committee, § 24-34 et seq.; Alcoholism and Other Drug Abuse Advisory Council, § 24-41 et seq.; Advisory Board on Victims and Their Families, § 24-54 et seq.; Historic Preservation Commission, ch. 24A-4; Commission on Human Rights, § 27-1 et seq.; Commission for Women, § 27-27 et seq.; Commission on Aging, § 27-34 et seq.; Community Action Agency, § 27-41; Commission on Children and Youth, § 27-47 et seq.; Citizens Review Panel, § 27-49A, et seq.; Commission on People with Disabilities, § 27-50 et seq.; Committee for Ethnic Affairs, § 27-53 et seq.; Commission on Landlord-Tenant Affairs, § 29-9 et seq.; Noise Control Advisory Board, § 31B-4; Recreation Area Advisory Boards, § 41-25 et seq.; Revenue Authority, ch. 42; Interagency Coordinating Board for Community Use of Public Facilities, § 44-3; Solid Waste Advisory Committee, § 48-38 et seq.; Range Approval Committee, § 57-2; Taxicab Services Advisory Committee, § 53-103.
Notes
| 1 | *Editor’s note—2016 L.M.C., ch. 11, § 2, states: “Transition. Any group created by law, resolution, or executive order after this Act takes effect must be classified as either a board, committee, commission, or task force. This Act must not be construed to require the renaming of any group that existed before this Act takes effect.” |
It is the intent of the council to establish a uniform system for classifying all groups of the county government and for prescribing procedures for their operation. This article must therefore apply to all existing and newly created groups which function as a part of the county government, including all groups established by law, resolution, and executive order. Wherever a conflict exists between this article and state law, the state law must control. It is the intent of the council that any substantive law which creates a group covered by this act shall not be diminished or the group's responsibilities reduced in any manner whatsoever. Wherever a conflict exists between this article and existing county law, the prior county law shall control. (1979 L.M.C., ch. 22, § 1; 2016 L.M.C., ch. 11, § 1.)
The following terms wherever used or referred to in this article shall have the following meanings:
Board means a semi-autonomous body established by federal, state or county law. A board is a formal committee with structure, duties and powers established by law. A board usually performs a quasi-judicial function, licensing, or regulation.
Commission means a body established by local law to study and recommend action to the Executive or the Council. A commission is a formal, standing committee with structure, duties and powers established by law. A commission often has an administrative or functional responsibility, such as reviewing land use plans or studying the supply of low and moderate priced housing.
Committee means a body appointed with a specific task or function. A committee makes recommendations and forwards them for appropriate action. A committee is advisory in nature and can be either a formal (standing) committee established by law or resolution, or an informal (ad hoc) committee. A committee may oversee and advise in service areas, such as housing and transportation, or it may advise the Executive or Council on specific issues and recommend policy direction.
Compensation means payment for services rendered as a committee member; it shall not include reimbursement for actual expenses incurred as a committee member.
Group means any board, committee, commission, task force, or any similar body established by federal, state, or county law, resolution or executive order, which functions as a part of the County government.
Task Force means a body appointed to study or work on a particular subject or problem. A task force ceases to exist upon completion of its charge. (1979 L.M.C., ch. 22, § 1; 2016 L.M.C., ch. 11, § 1.)
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