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44 29
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MONTGOMERY COUNTY
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Maryland, to the extent that such functions and
powers are not vested in another administrative
officer or agency pursuant to law or ordinance; to
provide that the County Council for Montgomery
County, sitting as a District Council, may, upon the
enactment of appropriate legislation or amendments
to the County Zoning Ordinance, vest within the
Office of Hearing Examiner functions and duties of
scheduling and conducting public hearings and
rendering written reports and recommendations to the
County Board of Appeals in specific matters and
types of special exceptions which the District
Council may designate; to authorize the Board of
Appeals, upon the approval of three members, to
refer individual matters to the Hearing Examiner for
hearing; to provide that matters heard by a Hearing
Examiner designated by the District Council shall be
in accordance with Rules of Procedure of the Office
of the Hearing Examiner and that the Hearing
Examiner shall submit written reports and
recommendations in specific matters to the County
Council or to the County Board of Appeals in other
matters referred to the Hearing Examiner by the
Board; to provide for final decision on matters
heard by the Hearing Examiner to be by either the
County Council or the Board of Appeals; to provide
that the County Council and Board of Appeals may
decide any application, petition or appeal heard by
a Hearing Examiner solely on the basis of the
Hearing Examiner's report and recommendation; and to
provide that all hearings held by the Hearing
Examiner shall be open to the public; to specify
conditions and procedures for decisions by the Board
of Appeals on recommendations of the Hearing
Examiner; to establish an Office of Hearing Examiner
and to specify conditions of appointment,
qualifications, term of office and restrictions; to
set forth the powers, duties and functions of the
Hearing Examiner, including the function of
conducting certain rent control hearings pursuant to
the authority contained in Chapter 29 of the County
Code; to provide that the Executive Director of the
Office of Landlord—Tenant Affairs shall, under
specified circumstances, conduct such rent control
hearings; and to specify those matters over which
the Hearing Examiner shall have jurisdiction to
conduct public hearings and render written reports
and recommendations.
Effective August 29, 1976.
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Chapter 45
AN ACT to amend Chapter 2, title "Administration", of the
Montgomery County Code 1972, as amended, by
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