§ 2-140. Powers, duties and functions.


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  • (a) The Office of Zoning and Administrative Hearings must:
    (1) schedule and conduct public hearings on any appeal or other matter assigned by law or by the County Council, County Executive, or other officer or body authorized to assign matters to a hearing examiner;
    (2) issue a subpoena, enforceable in any court with jurisdiction, when necessary to compel the attendance of a witness or production of a document at any hearing, and administer an oath to any witness;
    (3) allow each party in any hearing a reasonable opportunity to cross examine each witness not called by that party on matters within the scope of that witness' testimony;
    (4) forward a written report, with a recommendation for decision, to the body that assigned the matter, including findings of fact and conclusions of law where required or appropriate;
    (5) adopt regulations, subject to Council approval under method (2), to govern the conduct of public hearings and other activities of the Office.
    (b) The Office may act as an administrative office or agency designated by the District Council, as prescribed in Division II of the Land Use Article of the Maryland Code.
    (c) The Office may hear, and submit a written report and decision to the specified officer or body on, any:
    (1) application to initiate, modify or revoke a special exception or conditional use, as provided in Chapter 59;
    (2) designation by the County Council of a geographic area as a community redevelopment area;
    (3) matter referred by the Board of Appeals under Section 2-112(b); or
    (4) waiver or objection to a finding made by the Director of the Department of Housing and Community Affairs concerning an application for an accessory dwelling unit rental housing license under Section 29-26.
    (d) When the County Executive or a designee must conduct an administrative hearing under any law, the Executive may authorize the Office of Zoning and Administrative Hearings to conduct the hearing or any particular class of hearings. (1976 L.M.C., ch. 44, § 2; 1984 L.M.C., ch. 24, § 4; 1988 L.M.C., ch. 27, § 2; 1996 L.M.C., ch. 13, § 1; , § 1; , § 1; , § 1; , § 1; , § 1; , § 1; , §1.)