Article I. Appeals From Administrative Agencies.
§ 2A-1. Declaration of policy and legislative intent.
§ 2A-2. Applicability.
§ 2A-3. Conflicts of laws; interpretations.
§ 2A-4. Definitions.
§ 2A-5. Initiation of hearing process.
§ 2A-6. Notice of hearing.
§ 2A-7. Pre-hearing procedures.
§ 2A-8. Hearings.
§ 2A-9. Emergency hearings.
§ 2A-10. Decisions.
§ 2A-11. Judicial review.
Article II. Regulations.
§ 2A-12. Policy and scope of Article.
§ 2A-13. Definitions.
§ 2A-14. Authority to adopt regulations.
§ 2A-15. Procedure for adoption of regulations.
§ 2A-16. Administrative procedures.
§ 2A-17. Executive orders.
§ 2A-18. Compilation of regulations.
§ 2A-19. Montgomery County Register.
§ 2A-20. Pricing and availability of COMCOR and the Register.
§ 2A-21. Reserved.
Article III. Administrative Forms.
§ 2A-22. Use of approved administrative forms required.
§ 2A-23. Central forms authority.
§ 2A-24. Forms control officers.
§ 2A-25. Forms control plans.
§ 2A-26. Annual reports required.
§ 2A-27. Forms for other agencies.
§ 2A-28. Administrative procedures.
§ 2A-29. Legal effect.
Notes
| [Note] | *Editor's note-This chapter is cited in National Institutes of Health Federal Credit Union v. Hawk, 47 Md.App. 189, 422 A.2d 55 (1980) and Potomac Valley League v. County Council for Montgomery County, 43 Md. App. 56, 403 A.2d 388 (1979). |
It is hereby declared to be the policy of Montgomery County, Maryland, to provide for and ensure the realization of administrative due process with respect to specified appeals and contested matters which are subject to hearings before enumerated boards, commissions, offices and other administrative agencies performing quasi-judicial functions; and to provide where feasible, uniformity in procedures and regulations governing the processing of administrative appeals and other matters which require administrative and/or quasi-judicial hearings. It is the intent of the County Council to protect those legal rights afforded to affected parties who utilize and are subject to the administrative hearing processes established by the laws and ordinances of the County. (1978 L.M.C., ch. 30, § 1.)
This Chapter governs the following administrative appeals and proceedings and applies whether a hearing is conducted by a hearing examiner or another designated official.
(a) Complaints and actions involving discriminatory acts or practices prohibited under Article I of Chapter 27, as amended, for which hearings are provided or required by that chapter before the Montgomery County Commission on Human Relations or specified panels of said commission.
(b) Complaints and actions arising under Chapter 29, for which hearings are held by the Commission on Landlord-Tenant Affairs.
(c) Appeals, grievances and complaints filed pursuant to Chapter 33, as amended, for which hearings are provided or required by that Chapter before the Montgomery County Merit System Protection Board.
(d) Appeals and petitions charging error in the grant or denial of any permit or license or from any order of any department or agency of the County government exclusive of variances and special exceptions, appealable to the County Board of Appeals, as set forth in Section 2-112, Article V, Chapter 2, as amended, or the Montgomery County zoning ordinance or any other law, ordinance or regulation providing for an appeal to said board from an adverse governmental action.
(e) Complaints and actions filed with or by the Office of Consumer Protection under Section 11-4 when a hearing is required or provided before a cease and desist order is issued.
(f) Appeals and complaints filed under Chapter 5, when a hearing is required or allowed by that Chapter before the Animal Matters Hearing Board.
(g) Complaints and actions filed with or by the Office of Consumer Protection under Chapter 31C-9 when a hearing is required or provided.
(h) Such other hearings as hereinafter provided for by law or executive regulations which are specifically designated as being governed hereby. In this regard, the County Executive is hereby authorized to add or delete additional quasi-judicial authorities from time to time by executive regulation adopted under method (2) of section 2A-15 of this Code. (1978 L.M.C., ch. 30, § 1; 1979 L.M.C., ch. 17, § 1; 1984 L.M.C., ch. 24, § 1; 1996 L.M.C., ch. 13, § 1; 1999 L.M.C., ch. 10, § 1; 2000 L.M.C., ch. 32, § 2; 2005 L.M.C., ch. 26, § 1; 2019 L.M.C., ch. 1, §2.)
Editor’s note—Section 2A-2 was interpreted in Kant v. Montgomery County, 139 Md. App. 157, 774 A.2d 1229 (2001), reversed and remanded, 365 Md. 269, 778 A.2d 384 (2001), to provide appellate jurisdiction to the Court of Special Appeals after judicial review in the Circuit Court of decisions made by the Commission on Landlord-Tenant Affairs; and further the Court explained that, although Montgomery County Code §§ 29-14A and 29-45 do not provide appellate jurisdiction for an appeal to the Court of Special Appeals, Montgomery County Code §§ 2A-2 and 2A-11 provide adequate jurisdiction. The above section is cited in Montgomery County v. Buckman, 96 Md.App. 206, 624 A.2d 1274 (1993).
2005 L.M.C., ch. 26, §§ 2 and 3, state:
Sec. 2. Regulations. A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.
Sec. 3. Transition. This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect. Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.
(a) Where any provision of this article conflicts with a substantive provision of an act pertaining to a particular agency, the latter shall prevail.
(b) The provisions of this article are not intended to confer different or additional powers or jurisdiction on hearing authorities governed hereby; in this regard, this article shall be construed to be procedural rather than substantive.
(c) The provisions set forth herein shall prevail over any agency rule of procedure and in the event of conflict, the latter shall be amended to conform with this article; provided, however, that nothing herein shall be construed to limit or restrict a hearing authority from adopting additional rules of procedure as will implement this article and the substantive provisions under which it operates so long as they are not in conflict with this article.
(d) No action taken hereunder shall be declared invalid on the basis of procedural irregularities absent a finding of a denial of substantive due process. Substantial compliance with this article shall be sufficient. (1978 L.M.C., ch. 30, § 1; 1984 L.M.C., ch. 24, § 1.)
Editor’s note-The above section is cited in Robinson v. Montgomery County, 66 Md.App. 234, 503 A.2d 275 (1986).
The following words and phrases have the following meanings, except when otherwise indicated in this Article.
Hearing authority: The Commission on Human Rights or a Commission case review board; the Merit System Protection Board; the County Board of Appeals; the Landlord-Tenant Commission; the Executive Director of the Office of Consumer Protection; the Director of the Department of Housing and Community Affairs; the Animal Matters Hearing Board; or a hearing examiner or officer designated or appointed to conduct those hearings listed in Section 2A-2.
Charging party: Any person, business entity, organization or agency who properly files a charging document with a "hearing authority" seeking administrative relief.
Charging document: Any petition, complaint, appeal or grievance.
Responding party: Any person, business entity, organization or agency who is notified to defend or substantiate their actions or activities before a "hearing authority." (1978 L.M.C., ch. 30, § 1; 1984 L.M.C., ch. 24, § 1; 1996 L.M.C., ch. 13, § 1; 1999 L M.C., ch. 10, § 1; 2005 L.M.C., ch. 26, § 1.)
Editor’s note—2005 L.M.C., ch. 26, §§ 2 and 3, state:
Sec. 2. Regulations. A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.
Sec. 3. Transition. This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect. Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.
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