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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.)
Each group's staff and yearly allocation of funds, if any, must be indicated in the budget and no group must spend more than its budgeted amount. The appointing authorities must furnish such staff support as deemed necessary for each group which does not have its own staff provided for in the budget. (1979 L.M.C., ch. 22, § 1; 2016 L.M.C., ch. 11, § 1.)
(a) Unless a law expressly precludes compensation, the Council may establish compensation for members of a particular group by an appropriation that funds a line item in the budget. An appropriation may establish levels of compensation by categories or subcategories or groups.
(b) Unless another method of compensation is established, a group member is compensated for each day that the member works on group business after the member is authorized to do the work by the group or the presiding officer of the group.
(c) Whether or not a group member is compensated for serving on the group, the member may request reimbursement for travel and dependent care. The rate of reimbursement is established in an appropriation.
(d) A group member must not be compensated or reimbursed for travel or childcare expenses if appropriated funds are not available. (1979 L.M.C., ch. 22, § 1; FY 1991 L.M.C., ch. 9, § 1; 1997 L.M.C., ch. 18, § 1; 2005 L.M.C., ch. 23, § 1; 2016 L.M.C., ch. 11, § 1.)
(a) The law, resolution, or executive order establishing or continuing any board, committee, commission, or task force should specify the term of the group's existence. If no term is specified, then the board, committee, commission, or task force continues until terminated. The County Executive should monitor the expiration date of those boards, committees, commissions, and task forces that the County Executive appoints. The County Council should monitor the expiration date of those boards, committees, commissions, and task forces that the County Council appoints.
(b) Any new board, committee, commission, or task force should have from 5 to 15 voting members.
(c) Evaluation and Review Board Committee.
(1) The County Executive must appoint and convene at least every 6 years, subject to confirmation by the Council, a citizens review committee comprised of at least 11 members.
(2) The Committee must review the group system and each then-existing board, committee, commission, and task force and report to the Executive and Council its recommendations for changes in individual boards, committees, commissions, and task forces and the group system as a whole. The Committee must submit an interim report to the Executive and Council within 6 months of appointment and submit a final report within 12 months of appointment.
(3) The County Executive must designate the review committee’s chair and vice-chair. (1979 L.M.C., ch. 22, § 1; 1984 L.M.C., ch. 37, § 1; FY 1991 L.M.C., ch. 9, § 1; 1997 L.M.C., ch. 4, § 1; 2005 L.M.C., ch. 23, § 1; 2011 L.M.C., ch. 21, § 1; 2016 L.M.C., ch. 11, § 1.)
Editor's note—2011 L.M.C., ch. 21, §§ 2 and 3, state:
Sec. 2. Contents of Committee Evaluation and Review Board Report. As part of its report, the first Committee Evaluation and Review Board appointed after November 8, 2011 must:
(a) develop scenarios for reduction of County staff time used to support the committees; and
(b) include a discussion of advisory board member workload.
Sec. 3. Continuation of certain board, committees, and commissions:
(a) Purpose. The County has many boards, committees, and commissions that provide a valuable service to the County with the work they perform. These boards, committees, and commissions require significant personnel and operating costs to function. In Fiscal Year 2011, the County spent an approximate $1.4 million on personnel and operating costs to support the County’s boards, committees, and commissions. While these boards, committees, and commissions provide a valuable service, there may be opportunities for consolidation.
(b) Continuation.
(1) In this section, the following words have the meanings indicated:
Advisory board means the following boards, committees, and commissions: Advisory Committees on Consumer Protection, Agricultural Advisory Committee, Airpark Liaison Committee, Cable and Communications Advisory Committee, Commission for Women, Commission on Aging, Commission on Child Care, Commission on Children and Youth, Commission on Health, Commission on Juvenile Justice, Commission on People with Disabilities, Commission on Veterans Affairs, Committee for Ethnic Affairs, Committee on Hate/Violence, County- wide Recreation Advisory Board, Criminal Justice Coordinating Commission, Department of Permitting Services Advisory Committee, Dickerson Area Facilities Implementation Group, Domestic Violence Coordinating Council, Down County Recreation Advisory Board, East County Citizens Advisory Board, East County Recreation Advisory Board, Energy and Air Quality Advisory Committee, Fire and Emergency Services Commission, Forest Conservation Advisory Committee, Friendship Heights TMD Advisory Committee, Library Board, Mental Health Advisory Committee, Mid-County Citizens Advisory Board, Mid-County Recreation Advisory Board, Montgomery Cares Program Advisory Board, Noise Control Advisory Board, Pedestrian and Traffic Safety Advisory Committee, Rustic Roads Advisory Committee, Silver Spring Citizens Advisory Board, Silver Spring Transportation Management District Advisory Committee, Silver Spring Urban District Advisory Committee, Solid Waste Advisory Committee, Sustainability Working Group, Taxicab Services Advisory Committee, Technology Investment Fund Loan/Grant Committee, Upcounty Citizens Advisory Board, Upcounty Recreation Advisory Board, Victim Services Advisory Board, Water Quality Advisory Group, Western Montgomery County Citizens Advisory Board, Wheaton Urban District Advisory Committee.
Committee Evaluation and Review Board means the Board appointed under § 2-146.
(2) Each advisory board must indicate to the Committee Evaluation and Review Board, within 60 days after the Committee Evaluation and Review Board is appointed, if the advisory board should continue. Each advisory board that so indicates must provide the Committee Evaluation and Review Board with the following:
(A) a description of the work the advisory board does;
(B) justification for why the advisory board should be continued;
(C) a list of accomplishments from the prior 2 years, including any direct service provided by volunteers to residents;
(D) a discussion of advisory board member workload;
(E) a 2-year work program; and
(F) an explanation of the amount of government resources, including County employee staff time, used and a plan to reduce the use of those resources.
(3) In addition to the duties in § 2-146, as part of its report, the first Committee Evaluation and Review Board appointed after November 8, 2011 must review each advisory board that requests continuation under subsection (b)(2) and recommend to the Council whether the advisory board should continue.
1984 L.M.C., ch. 37, § 2 provides as follows: “If prior to the enactment of this act a committee, board, or commission expired under the terms of section 2-146 of the Montgomery County Code, then the county council hereby retroactively reestablishes such committees, boards, or commissions and reconfirms all appointments made to such bodies from the date of such expirations. All actions taken by such committees, boards or commissions during such periods of expiration shall have the same force and effect as if such expirations had not occurred.”
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