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227
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MARVIN MANDEL,
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Governor
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PROPERTY.
(2) IF THE AGENCY CERTIFIES AS PROVIDED IN
PARAGRAPH (1) OF THIS SUBSECTION, THE PROCEEDINGS MAY
NOT BE STAYED OTHER THAN BY A RESTRAINING ORDER GRANTED
BY THE BOARD OF APPEALS OR BY A COURT OF RECORD. ON
APPLICATION AND NOTICE TO THE ADMINISTRATIVE AGENCY, A
RESTRAINING ORDER MAY BE GRANTED FOR GOOD CAUSE SHOWN.
(C) HEARING ON APPEAL.
(1) THE BOARD SHALL:
(I) SET A REASONABLE TIME FOR HEARING THE
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APPEAL;
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(II) GIVE PUBLIC NOTICE OF THE HEARING;
(III) GIVE NOTICE TO THE PARTIES IN INTEREST;
(IV) DECIDE THE APPEAL WITHIN A REASONABLE
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AND
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TIME.
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(2) ANY PARTY MAY APPEAR AT THE HEARING IN
PERSON OR BY HIS AGENT OR ATTORNEY.
(D) POWERS OF BOARD ON APPEAL.
IN COMPLIANCE WITH THIS PART, THE BOARD MAY:
(1) REVERSE, AFFIRM, OR MODIFY, THE DECISION
APPEALED FROM; AND
(2) FOR THIS PURPOSE:
(I) MAY MAKE ANY ORDER, REQUIREMENT,
DECISION, OR DETERMINATION THAT IT CONSIDERS PROPER; AND
(II) HAS ALL THE POWERS OF THE ADMINISTRATIVE
AGENCY FROM WHICH THE APPEAL IS TAKEN.
REVISOR'S NOTE: This section presently appears as
Art. 1A, §8-803 (e)(2) through (5).
The only changes are in style.
5-815. BOARD OF APPEALS - GRANT OF VARIANCES.
(A) POWER TO GRANT VARIANCES.
SUBJECT TO THE PROVISIONS OF THIS SUBTITLE, THE
BOARD OF APPEALS MAY GRANT SPECIFIC VARIANCES FROM NOISE
ZONE REGULATIONS ADOPTED UNDER THIS PART, IF THE DESIGN
OF A PROPOSED STRUCTURE OR THE REPAIR, REPLACEMENT, OR
CHANGE OF A STRUCTURE OR USE OF LAND PROVIDES FOR SOUND
INSULATION ADEQUATE TO INSURE THAI INTERIOR NOISE LEVELS
RESULTING FROM AIRPORT OPERATIONS WILL NOT EXCEED THOSE
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