Appendix G. CODE OF BALTIMORE COUNTY REGULATIONS

TITLE 2-DEPARTMENT OF PERMITS AND DEVELOPMENT MANAGEMENT

CHAPTER 1-ZONING COMMISSIONER

PART 1-RULES OF PRACTICE AND PROCEDURE BEFORE THE ZONING COMMISSIONER/HEARING OFFICER OF BALTIMORE COUNTY

The following rules and regulations are prescribed under the provisions of Section 500.8 of the Baltimore County Zoning Regulations (BCZR) and Sections 26-135 and 26-206(e) of the Baltimore County Code, 1998 Edition, as amended.

RULE 1

Locations and Times of Hearings - In General

Hearings shall be held in the County Courts Building, Room 407, 401 Bosley Avenue, Towson, Maryland, or at any other location as determined by the Director of the Department of Permits and Development Management (Director) in cooperation with the Zoning Commissioner/Hearing Officer (hereinafter referred to as "Zoning Commissioner"), Monday through Friday. The times and dates for hearings on petitions and development plans will be set in accordance with Sections 26-127 and 26-204(c) of the Baltimore County Code, 1988 Edition, as amended, and Sections 500.6 and 500.7 of the Baltimore County Zoning Regulations (BCZR). Hearings before the Zoning Commissioner for any and all authorized purposes may be held at such times and places as the Director and Zoning Commissioner may direct.

RULE 2

(RESERVED)

 

RULE 3

(RESERVED)

 

RULE 4

Hearings

A.

Stipulations. The parties to any hearing before the Zoning Commissioner may, by stipulation in writing, filed with the Zoning Commissioner, agree upon any of the facts involved therein, which stipulation shall be regarded and used as evidence at such proceeding. The Zoning Commissioner may, nevertheless, require such additional evidence as he may deem necessary. At the request of the parties, or by direction of the Zoning Commissioner, testimony shall be under oath. The Zoning Commissioner may also accept, by agreement of the parties, a proffer of the testimony to be given by any party or witness.

B.

Character of testimony. Except where stipulations are filed as above, the witnesses whose testimony may be desired at any hearing before the Zoning Commissioner shall testify orally, unless the Zoning Commissioner, for good cause shown, deems it proper in special cases that written evidence, under affidavit or otherwise, be submitted.

C.

Subpoenas.

1.

Subpoenas for witnesses may be signed and issued by the Zoning Commissioner and may be served by mail, served by any person of full age designated by the Zoning Commissioner, or served through the sheriff's office of any city or county of the state.

2.

The Zoning Commissioner may cause subpoenas and subpoenas duces tecum to be issued upon his own motion or upon the application of any party to any hearing or investigation; but subpoenas duces tecum will not be issued upon application unless such application is in writing and describes the books, papers or other documents to be produced.

3.

No official or employee of the State of Maryland or of any city or county in the State of Maryland shall testify in any zoning hearing unless he shall come willingly or he has been summoned at least five business days before the scheduled hearing.

D.

Documentary evidence. In all cases where documentary evidence is offered, the Zoning Commissioner, in his discretion in lieu of requiring the originals thereof to be filed, may accept true copies of such evidence or of such parts of the same as may be relevant, or he may require that such evidence be transcribed as part of the record.

E.

Briefs. The Zoning Commissioner may, whenever he deems it desirable, require printed or typewritten briefs to be filed on behalf of any party or parties to any hearing, investigation or other proceeding. Such briefs shall contain an abstract of the evidence and also the arguments relied on by the party or parties filing the same. Briefs, when required, shall be prepared and filed with the Zoning Commissioner within such time or times, and under such regulations as to service of copies thereof upon the adverse party or parties, as the Zoning Commissioner may prescribe.

F.

Withdrawals. All requests for withdrawals of petitions must be in writing and directed to the Zoning Commissioner. Any petitioner who desires to have his request withdrawn and dismissed without prejudice must do so in writing at least 10 business days prior to the hearing date. If a petition is withdrawn any time thereafter, it will be dismissed with prejudice, and the case may not be resubmitted for a hearing for 18 months. Such a dismissal is subject to appeal before the County Board of Appeals. In each instance, all costs of advertising and posting must be satisfied before an order of dismissal will be issued.

G.

Postponements. Postponements and continuances will be granted at the discretion of the Director, if the request is received more than five business days from the scheduled date of the hearing, or by the Zoning Commissioner if the request is within five business days. No postponement or continuance shall be granted except in extraordinary circumstances and for a reason satisfactory to the Director or Zoning Commissioner given by the party requesting such postponement indicating that the circumstances requiring the postponement or continuance are of an unusual and extraordinary nature, and must be by written request, addressed to the Director and with a copy to all parties, or their counsel if represented, entitled to receive notice, setting forth good and sufficient reasons for the requested postponement or continuance.

H.

Adjournments and extensions. The Zoning Commissioner may, either upon his own motion or upon application, adjourn any hearing from time to time and may grant such extensions of time for compliance with his orders or other acts as he may deem proper, provided that no requirement of law be violated thereby.

I.

Photographs, etc. No photographs, motion pictures or audio or video recordings of any kind shall be made during the conduct of a zoning hearing unless the Zoning Commissioner shall deem the making of photographs, motion pictures or recordings necessary to properly conduct the hearing.

J.

Records. With the consent of the Zoning Commissioner, a record of the proceedings may be made by a stenographer or court reporter at the cost of the party making the request. Should a transcript be prepared as a result, a copy must be provided to the Director for inclusion in the case file.

K.

Motion for reconsideration. A party may file a motion for reconsideration of an order issued by the Zoning Commissioner. Such a motion must be made in writing, within 30 days of the date of the original order. The motion must state, with specificity, the grounds and reasons for the request. The filing of a motion for reconsideration shall stay all further proceedings in the matter, including the time limits/deadlines for the filing of an appeal. The Zoning Commissioner shall rule on the motion within 30 days from the date which the motion is accepted for filing. A ruling by the Zoning Commissioner on the motion for reconsideration shall be considered the final decision in accordance with Section 26-209 or 26-132 of the Baltimore County Code. At his discretion, the Zoning Commissioner may convene a hearing to receive testimony and/or argument on the motion. Each party shall be limited to that which is the subject matter of the motion.

L.

Nature of proceedings. Proceedings before the Zoning Commissioner are quasi-judicial in nature. The Zoning Commissioner will not be bound by the technical rules of evidence, and such proceedings before him will be guided, although not bound, by the Administrative Procedure Act, State Government Article, § 10-213 et seq., of the Annotated Code of Maryland.

Promulgated this 30th day of April 2003

By order of: /s/	Lawrence E. Schmidt
	Lawrence E. Schmidt
	Zoning Commissioner of Baltimore County
	Arnold Jablon, Director
	Department of Permits and Development Management