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Session Laws, 1977
Volume 735, Page 226   View pdf image
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Ch. 13
LAWS OF MARYLAND
226
(E)   OATHS AND WITNESSES. (1)   AT A MEETING OF THE BOARD OF APPEALS, THE
CHAIRMAN OR, IN HIS ABSENCE, THE ACTING CHAIRMAN MAY
ADMINISTER OATHS AND ISSUE SUBPOENAS AND ORDERS FOR THE
ATTENDANCE OF WITNESSES AND THE PRODUCTION OF PAPERS,
BOOKS, AND DOCUMENTS. (2)   IF A PERSON FAILS TO COMPLY WITH ANY
SUBPOENA OR ORDER ISSUED UNDER THIS SUBSECTION, THE
CHAIRMAN OR ACTING CHAIRMAN MAY INVOKE THE AID OF A COURT
OF COMPETENT JURISDICTION. THE COURT MAY ORDER THAT
PERSON TO OBEY THE SUBPOENA OR ORDER OR TO GIVE EVIDENCE
ABOUT THE MATTER IN QUESTION. (F)   ACTIONS OF MAJORITY OF BOARD. THE CONCURRING VOTE OF A MAJORITY OF THE MEMBERS OF
THE BOARD IS SUFFICIENT TO EXERCISE ANY OF ITS POWERS
UNDER THIS PART. REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 1A,
§8-803(d)—-except for the last part of
(d)(2)—-and Art. 1A, §8-803(e) (first
paragraph) , (e) (1), and (e)(6). It is revised
to conform to the like provisions of §5—612 of
this title; see revisor's note to that
section. 5-814. BOARD OF APPEALS - APPEALS. (A) RIGHT OF APPEAL. (1)    APPEALS TO THE BOARD OF APPEALS MAY BE
TAKEN BY THE ADMINISTRATION, BY ANY AGGRIEVED PERSON, OR
BY ANY OFFICER OR AGENCY OF THE POLITICAL SUBDIVISION
AFFECTED BY ANY DECISION OF THE ADMINISTRATIVE AGENCY. (2)    AN APPEAL SHALL BE TAKEN WITHIN 30 DAYS
OF THE DECISION BY FILING, WITH THE ADMINISTRATIVE AGENCY
FROM WHICH THE APPEAL IS TAKEN AND WITH THE BOARD, A
NOTICE OF APPEAL SPECIFYING THE GROUNDS FOR THE APPEAL.
THE AGENCY IMMEDIATELY SHALL SEND TO THE BOARD THE
PAPERS THAT CONSTITUTE THE RECORD ON WHICH THE ACTION
APPEALED FROM WAS TAKEN. (3) BEFORE THE HEARING, THE AGENCY ALSO
SHALL SEND A COPY OF THE DECISION TO THE ADMINISTRATION
AND GIVE IT AN OPPORTUNITY TO COMMENT. (B) STAY OF PROCEEDINGS. (1) AN APPEAL STAYS ALL PROCEEDINGS IN
FURTHERANCE OF THE ACTION APPEALED FROM, UNLESS THE
ADMINISTRATIVE AGENCY CERTIFIES TO THE BOARD THAT,
BECAUSE OF THE FACTS STATED IN THE CERTIFICATE, A STAY
IN ITS OPINION WOULD CAUSE IMMINENT PERIL TO LIFE OR


 
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Session Laws, 1977
Volume 735, Page 226   View pdf image
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