PARRIS N. GLENDENING, Governor

Ch. 3

be taken within a reasonable time, as provided by the rules of the [board] BOARD, by
filing with the officer from whom the appeal is taken and with the [board of zoning
appeals] BOARD OF ZONING APPEALS a notice of appeal specifying the grounds thereof.
The officer from whom the appeal is taken shall forthwith transmit to the [board]
BOARD all the papers constituting the record upon which the action appealed from was
taken.

(e)     An appeal stays all proceedings in furtherance of the action appealed from,
unless the officer from whom the appeal is taken certifies to the [board of zoning
appeals] BOARD OF ZONING APPEALS after the notice of appeal shall have been filed
with [him] THE OFFICER that by reason of facts stated in the certificate a stay would, in
[his] THE OFFICER'S 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 of zoning appeals] BOARD OF ZONING APPEALS or by a court of
record on application, on notice to the officer from whom the appeal is taken and on due
cause shown.

(f)     The [board of zoning appeals] BOARD OF ZONING APPEALS shall fix a
reasonable time for the hearing of the appeal, give public notice thereof, as well as 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.

(g)     In exercising the above-mentioned powers [such board] THE BOARD may, in
conformity with the provisions of this article, reverse or affirm, wholly or partly, or may
modify the order, requirement, decision, or determination as ought to be made, and to
that end shall have the powers of the officer from whom the appeal is taken.

(h) If five members of the [board of zoning appeals] BOARD OF ZONING
APPEALS are present, the concurring vote of at least four members is necessary to reverse
any order, requirement, decision, or determination of an administrative official, or to
decide in favor of the applicant on any matter on which it is required to pass under an
ordinance, or to effect any variation in the ordinance. If only four members of the
[board] BOARD are present, the concurring vote of at least three members is necessary
to take any action under this subsection.

DRAFTER'S NOTE:

Error: Incorrect capitalization and other stylistic errors in Article 66B, §
2.08.

Occurred: Various chapters.

Article 70B - Office on Aging

4.

(c) (1) Any individual 70 years old or older is eligible for appointment to any
permanent classified service position in the State Personnel Management System for
which the individual qualifies, and the appointment is subject to the provisions of the
State Personnel AND PENSIONS Article that govern classified service employees.

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