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Session Laws, 1974
Volume 713, Page 1504   View pdf image
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1504                                        LAWS OF MARYLAND                       [Ch. 363

ABSENCE THE ACTING CHAIRMAN, MAY ADMINISTER OATHS AND
COMPEL THE ATTENDANCE OF WITNESSES. ALL MEETINGS OF THE
BOARD SHALL BE PUBLIC. THE BOARD SHALL KEEP MINUTES OF
ITS PROCEEDINGS, SHOWING THE VOTE OF EACH MEMBER UPON
EACH QUESTION, OR, IF ABSENT OR FAILING TO VOTE,
INDICATING SUCH FACT, AND SHALL KEEP RECORDS OF ITS
EXAMINATIONS AND OTHER OFFICIAL ACTIONS, ALL OF WHICH
SHALL IMMEDIATELY BE FILED IN THE OFFICE OF THE BOARD AND
SHALL BE A PUBLIC RECORD,

APPEALS TO THE BOARD MAY BE TAKEN BY ANY PERSON
AGGRIEVED, OR BY ANY OFFICER, DEPARTMENT, BOARD, OR
BUREAU OF THE POLITICAL SUBDIVISION AFFECTED BY ANY
DECISION OF THE ADMINISTRATIVE AGENCY. AN APPEAL MUST BE
TAKEN WITHIN THIRTY DAYS, BY FILING WITH THE AGENCY FROM
WHICH THE APPEAL IS TAKEN AND WITH THE BOARD, A NOTICE OF
APPEAL SPECIFYING THE GROUNDS THEREOF. THE AGENCY FROM
WHICH THE APPEAL IS TAKEN SHALL FORTHWITH TRANSMIT TO THE
BOARD ALL THE PAPERS CONSTITUTING THE RECORD UPON WHICH
THE ACTION APPEALED FROM WAS TAKEN.

AN APPEAL SHALL STAY ALL PROCEEDINGS IN FURTHERANCE
OF THE ACTION APPEALED FROM, UNLESS THE AGENCY FROM WHICH
THE APPEAL IS TAKEN CERTIFIES TO THE BOARD, AFTER THE
NOTICE OF APPEAL HAS BEEN FILED WITH IT, THAT BY REASON
OF THE FACTS STATED IN THE CERTIFICATE A STAY WOULD, IN
ITS OPINION, CAUSE IMMINENT PERIL TO LIFE OR PROPERTY.
IN SUCH CASE PROCEEDINGS SHALL NOT BE STAYED OTHERWISE
THAN BY A RESTRAINING ORDER WHICH MAY BE GRANTED BY THE
BOARD OR BY A COURT OF RECORD ON APPLICATION, ON NOTICE
TO THE AGENCY FROM WHICH THE APPEAL IS TAKEN AND ON DUE
CAUSE SHOWN.

THE BOARD SHALL FIX A REASONABLE TIME FOR THE
HEARING OF THE APPEAL, GIVE PUBLIC NOTICE OF IT AND DUE
NOTICE TO THE PARTIES IN INTEREST, AND DECIDE THE SAME
WITHIN A REASONABLE TIME. UPON THE HEARING ANY PARTY MAY
APPEAR IN PERSON OR BY AGENT OR BY ATTORNEY.

THE BOARD MAY, IN CONFORMITY WITH THE PROVISIONS OF
THIS SECTION, REVERSE OR AFFIRM, WHOLLY OR PARTLY, OR
MODIFY, THE ORDER, REQUIREMENT, DECISION, OR
DETERMINATION APPEALED FROM AND MAY MAKE SUCH ORDER,
REQUIREMENT, DECISION, OR DETERMINATION AS OUGHT TO BE
MADE, AND TO THAT END SHALL HAVE ALL THE POWERS OF THE
ADMINISTRATIVE AGENCY FROM WHICH THE APPEAL IS TAKEN.

THE CONCURRING VOTE OF A MAJORITY OF THE MEMBERS OF
THE BOARD SHALL BE SUFFICIENT TO REVERSE ANY ORDER,
REQUIREMENT, DECISION, OR DETERMINATION OF THE
ADMINISTRATIVE AGENCY, OR TO DECIDE IN FAVOR OF THE
APPLICANT ON ANY MATTER UPON WHICH IT IS REQUIRED TO PASS
IN THIS SECTION, UNDER ANY ORDINANCE OR UNDER OTHER
LEGISLATION OR TO EFFECT ANY VARIATION FROM THE

 

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Session Laws, 1974
Volume 713, Page 1504   View pdf image
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