This Chapter governs the following administrative appeals and proceedings and applies whether a hearing is conducted by a hearing examiner or another designated official.
(a) Complaints and actions involving discriminatory acts or practices prohibited under Article I of Chapter 27, as amended, for which hearings are provided or required by that chapter before the Montgomery County Commission on Human Relations or specified panels of said commission.
(b) Complaints and actions arising under Chapter 29, for which hearings are held by the Commission on Landlord-Tenant Affairs.
(c) Appeals, grievances and complaints filed pursuant to Chapter 33, as amended, for which hearings are provided or required by that Chapter before the Montgomery County Merit System Protection Board.
(d) Appeals and petitions charging error in the grant or denial of any permit or license or from any order of any department or agency of the County government exclusive of variances and special exceptions, appealable to the County Board of Appeals, as set forth in Section 2-112, Article V, Chapter 2, as amended, or the Montgomery County zoning ordinance or any other law, ordinance or regulation providing for an appeal to said board from an adverse governmental action.
(e) Complaints and actions filed with or by the Office of Consumer Protection under Section 11-4 when a hearing is required or provided before a cease and desist order is issued.
(f) Appeals and complaints filed under Chapter 5, when a hearing is required or allowed by that Chapter before the Animal Matters Hearing Board.
(g) Complaints and actions filed with or by the Office of Consumer Protection under Chapter 31C-9 when a hearing is required or provided.
(h) Such other hearings as hereinafter provided for by law or executive regulations which are specifically designated as being governed hereby. In this regard, the County Executive is hereby authorized to add or delete additional quasi-judicial authorities from time to time by executive regulation adopted under method (2) of section 2A-15 of this Code. (1978 L.M.C., ch. 30, § 1; 1979 L.M.C., ch. 17, § 1; 1984 L.M.C., ch. 24, § 1; 1996 L.M.C., ch. 13, § 1; 1999 L.M.C., ch. 10, § 1; 2000 L.M.C., ch. 32, § 2; , § 1; , §2.)
Editor’s note—Section 2A-2 was interpreted in Kant v. Montgomery County, 139 Md. App. 157, 774 A.2d 1229 (2001), reversed and remanded, 365 Md. 269, 778 A.2d 384 (2001), to provide appellate jurisdiction to the Court of Special Appeals after judicial review in the Circuit Court of decisions made by the Commission on Landlord-Tenant Affairs; and further the Court explained that, although Montgomery County Code §§ 29-14A and 29-45 do not provide appellate jurisdiction for an appeal to the Court of Special Appeals, Montgomery County Code §§ 2A-2 and 2A-11 provide adequate jurisdiction. The above section is cited in Montgomery County v. Buckman, 96 Md.App. 206, 624 A.2d 1274 (1993).
2005 L.M.C., ch. 26, §§ 2 and 3, state:
Sec. 2. Regulations. A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.
Sec. 3. Transition. This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect. Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.
