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Session Laws, 1967
Volume 681, Page 577   View pdf image (33K)
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SPIRO T. AGNEW, Governor                       577

(c) Before any regulation or regulations authorized by this
article may be passed, the district council or in Montgomery County,
a Hearing Examiner
OR BOARD, shall hold a public hearing thereon
and shall give notice of the time and place thereof by one insertion in
two newspapers of general circulation respectively in the county in
which the property is located. The insertions shall appear in such
newspapers at least thirty (30) days prior to the date of hearing but
not more than thirty-eight (38) days before the date of the hearing.
During this thirty-day period, the text or copy of the text of the
regulations, together with the map or maps forming part of or re-
ferred to in the regulations, shall be on file for public examination
in the office of the county council of Montgomery County or in the
office of the clerk to the county commissioners of Prince George's
County. The cost of advertising in connection with publication of
proposed amendments in the zoning regulations or maps shall be
paid by the persons or corporations making application for such
changes. [In Montgomery County, any member of the district coun-
cil who is absent from a hearing or any part of a hearing held under
this section must read and examine the evidence of record before
voting on the subject matter of said hearing, and prior to a vote
by a member who was absent for all or part of the hearing, he or
she shall sign an affidavit to be included in the record that he or
she has read the record or the part of the record that was made
while he or she was absent. No member of the district council
absent at any time shall vote unless such affidavit be signed; pro-
vided, however, that this act shall in no way repeal, amend or modify
any other existing law, ordinance or regulation requiring the at-
tendance of a council member at any hearing, meeting or function
of the council.] In Montgomery County, any member of the dis-
trict council may vote on any application heard or reviewed by a
Hearing Examiner
OR BOARD, as provided hereinafter, without the
necessity of either having attended the public hearing or having read
the record file. However, any member who for any reason does not
attend a hearing conducted only by the district council and not
reviewed by a Hearing Examiner
OR BOARD must read and initial
the record file before voting on the application.

(f)(l) The County Council for Montgomery County, sitting as
a district council, may appoint such full and part-time Hearing
Examiners
OR A BOARD as in its discretion may be deemed neces-
sary and appropriate, and may delegate to the said Hearing Exam-
iner or examiners
OR BOARD the power to hold and conduct public
hearings as required and set forth in subsection (c) herein.

(2)    The Montgomery County Hearing Examiner or examiners
OR MEMBERS OF BOARD shall be appointed for such term of office,
possessed of such qualifications, and shall receive such compensation
as may be required or provided by the County Council. No examiner
OR MEMBER OF THE BOARD shall hold any other appointive or
elective office or position in the county, State or federal government.
Full time examiners
OR BOARD MEMBERS shall devote all of their
time to the duties of their office.

(3)    The hearing on any application held by a Hearing Examiner
OR BOARD shall be conducted in such manner, and subject to such
rules and regulations, as may be provided by the district council. The
district council may delegate to the Hearing Examiner
OR BOARD
the power to issue subpoenas for witnesses and/or documents and the

 

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Session Laws, 1967
Volume 681, Page 577   View pdf image (33K)
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