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5.1. The commission may request that a representative of the county attorney's office attend any public hearing or executive session held by the commission. The assistant county attorney attending a public hearing may, on behalf of the commission, and at its request, examine all witnesses who are called to testify. The commission, in its discretion, may request the office of the county attorney to advise it on any legal questions.
5.2. The commission may request information or assistance from appropriate offices of the county government, including the department of environmental protection, the human relations commission, the office of landlord-tenant affairs and other agencies of local, state and federal government, as needed.
6.1. When a member of the commission has any interest in a decision, which is or reasonably may be incompatible with or in conflict with any of his official duties or acts, he shall disclose such interest publicly and he shall disqualify himself and not participate in the decision or act affected thereby unless after disclosure all interested parties authorize him to continue in the case.
6.2. A member shall not consider any ex parte or private communication from any persons relating to the merits of any matter pending before the commission. Any such ex parte or private communication received and considered shall be made a public record by the recipient and if made orally, shall be written down in substance for this purpose by the recipient. A communication to the office of landlord-tenant affairs, concerning the status or procedure of a pending matter shall not be considered an ex parte or private communication. This section shall not apply to legal advice rendered by the county attorney or his staff and shall not apply to technical advice or explanation rendered by the office of landlord-tenant affairs or other governmental agencies at the request of a member or members of the commission.
7.1. The commission shall decide any matter or appeal within forty-five (45) days after the close of the record of the hearing; except, that the commission may extend such period of time.
7.2. All actions or decisions of the commission shall be by written order. Each order shall show the record of members participating and their respective votes in the matter or appeal.
7.3. The decision and order on any matter or appeal before the commission shall make findings of fact and conclusions of law with regard to the evidence presented on each relevant issue.
7.4. All actions or decisions shall require the affirmative vote of at least four (4) members of the commission or a majority of those present and voting, whichever is greater.
7.5. The commission may dismiss any complaint if the commission determines that for any reason circumstances no longer warrant prosecution, so long as this determination is not made on the merits of the complaint. In the event a complaint is dismissed, an order signed by the chairman stating the reasons for the dismissal shall be placed in the file of such complaint. In the event a complaint is dismissed pursuant to this Rule 7.5, notice thereof shall be forwarded to the complainant, respondent and other interested persons pursuant to Rule 7.6.
7.6. Notice of decision. A copy of the decision of the commission on every matter or appeal pending or otherwise before it shall be transmitted by regular mail to the complainant, or appellant, the respondent or appellee, the office of landlord-tenant affairs and all other persons or parties entitled to original notice and any additional parties of record.
7.7. Each party entitled to appeal the commission's decision shall also be notified of the right to appeal from the decision to the circuit court.
9.1. In computing a period of time prescribed or allowed by these rules, the day of the act, event or default on which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included unless it is a Saturday,
Sunday or federal, state or county legal holiday. In the event that the last day of the time period falls on Saturday, Sunday or legal holiday, the time shall end on the following business day.
9.2. When the period of time allowed is more than seven (7) days, intermediate Saturdays, Sundays and holidays shall be counted as days; but if the period of time allowed is seven (7) days or less, an intermediate Saturday, Sunday or legal holiday shall not be counted in computing the period of time.
10.1. A docket book listing all matters pending or decided by the commission will be kept complete and up to date. The docket book shall include the name or names and addresses of the complainants, respondents and/or appellants, a short description by name, street number or otherwise of the location of the facility involved, and the nature of the matter pending. Such docket book and minute book shall be public record and shall be available for public review in the office of landlord-tenant affairs during normal business hours.
10.2. A minutes book shall be maintained in which shall be recorded a complete record of the commission's hearings. The minutes shall record the commission's decision for each case acted upon, including the record of the vote of each member of the commission in each matter of appeal. If a member was absent, disqualified or did not participate in any matter for any reason, the minutes shall indicate that fact.
10.3. Hearing records. There shall be a verbatim record of the public hearings on all proceedings before the commission. Upon the request of any party to the proceedings who files a notice of appeal to court or at the discretion of the commission, the commission may cause such record to be converted to written transcripts form at the requesting party's sole expense.
10.4. The transcripts, if any, files and exhibits relating to any matter presented to the commission shall be preserved as public records of Montgomery County.
10.5. The complete file, if the hearing is public, on any matter pending before the commission may be inspected by the public at the office of landlord-tenant affairs during regular office hours.