(a) Subject to the approval of the Council, the Board may adopt rules of procedure to govern its proceedings. The Board’s rules may govern filing fees, the conduct of meetings and hearings, and other procedures necessary to hear and decide cases. This Article and other laws, ordinances, rules and regulations under which the Board exercises authority control in any conflict with any rule adopted by the Board.
(b) The Board, and the Hearing Examiner in cases referred by the Board, must allow each party a reasonable opportunity to cross-examine each witness not called by that party on matters within the scope of that witness' direct testimony.
(c) The Board must decide any matter referred to it only after notice and opportunity for hearing and on the basis of the record before it. However, the Board may decide any matter that the Board referred to a Hearing Examiner solely on the basis of the Hearing Examiner's report and recommendation.
(d) All hearings held by the Board or the Hearing Examiner must be open to the public. (Mont. Co. Code 1965, § 2-91; 1967 L.M.C., ch. 13, § 1; 1976 L.M.C., ch. 44, § 1; 1988 L.M.C., ch. 27, § 1; 1997 L.M.C., ch. 24, § 1; § 1.)
Editor's note-Section 2-113 [formerly §2-91] is cited in Cohen v. Willett, 269 Md. 194, 304 A.2d 824 (1973). In Town of Somerset v. Montgomery County Board of Appeals, 245 Md. 52, 225 A.2d 294 (1966), it was held that it was a denial of due process for the Board of Appeals to refuse to permit aggrieved parties to cross-examine witnesses at a hearing on the grant of a special exception.
Cross reference-Rules of procedure, app. C.
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