(a) The Board may, by vote of 3 members, refer any matter pending before it to be heard by a hearing examiner in the Office of Zoning and Administrative Hearings. The Office must conduct the hearing under the Office’s rules of procedure or, if the Office’s rules do not apply to that type of hearing, the Board’s rules of procedure. The hearing examiner must submit a written report and recommendation to the Board.
(b) Within 10 days after transmittal of the hearing examiner's report and recommendation, any person who, or association which, appeared and testified in person or by counsel at the hearing before the examiner may request, in writing, an opportunity to present oral argument to the Board before it issues a decision. Any request for oral argument must explicitly state the issues to be presented at the oral argument. If oral argument is granted, the party who sought the oral argument must be limited to the issues stated in the request and any other issue specified in the order allowing oral argument. The Board may, in its discretion, grant or deny a request for oral argument.
(c) The Board must, after oral argument if argument is allowed:
(1) decide the matter on the basis of the evidence of record and the hearing examiner’s report and recommendation, or
(2) remand the matter to the hearing examiner for clarification or taking additional evidence, as appropriate. (1976, L.M.C., ch. 44, § 1; , § 1.)
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