(a) When a hearing before the Commission or a Commission panel deals with a controversy arising under this Article, the Commission must serve on the person against whom a complaint has been filed (the "respondent") a summons describing the nature and specifics of the complaint, the provision of law allegedly violated, a concise factual statement of the acts alleged to constitute a defective tenancy, and the relief sought. The Commission must serve on all interested parties a notice of the time and place of hearing. The respondent or an authorized representative may file a statement with the Commission before the hearing.
(b) The hearing must be open to the public. However, either party may request, in writing, a private hearing that may be granted at the discretion of the Commission. The Commission may subpoena all witnesses it deems necessary. The hearing must be held not less than 30 days after service of the statement of charges and summons.
(c) Any summons must be signed by the chair of the Commission or the panel and must require the attendance of named persons and the production of relevant documents and records. Failure to comply with a summons is a violation of this Chapter.
(d) The parties may present testimony and evidence under oath, or by affirmation. The Commission must keep a full record of the hearing. The record, if the hearing is public, must be open to inspection by any person. On request by any party to the proceeding, the Commission must furnish that party a copy of the hearing record, if any, and the charges to meet costs.
(e) The Commission may, on its own motion, after notifying all parties, extend the time for any hearing and the issuance of any findings, opinions, and orders. (1972 L.M.C., ch. 27, § 1; 1979 L.M.C., ch. 5, § 4; 2000 L.M.C., ch. 32, § 1.)
Editor's note—Section 29-44 is cited in Joseph v. Bozzuto Management Company, 173 Md. App. 305, 918 A.2d 1230 (2007) and in Hyder v. Montgomery County, 160 Md. App. 482, 864 A.2d 279 (2004).
See County Attorney Opinion dated 12/21/00-A explaining that parties may not have a non-lawyer represent them during a hearing before the Commission on Landlord-Tenant Affairs.
Section 29-44, formerly § 29-40, was renumbered, amended, and retitled pursuant to 2000 L.M.C., ch. 32, § 1.
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