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Dept Of Permitting Services

Department of Assessments and Taxation

 

Merit Systems Protection Board

 Administrative Appeals


The Board of Appeals has the authority to hear appeals from decisions of several governmental agencies, as specified in the County Code (Section 2-112). For example, if you believe that a department or agency of the county government was in error either in issuing or in withholding a permit or license, and the County Council has designated the Board of Appeals to hear the appeal, you may file an administrative appeal with the Board. If an agency has denied a request for a permit or license, it will usually inform the applicant how the denial can be appealed and within what period of time.

 

Filing an Administrative Appeal:

If you wish to file an administrative appeal, you should come to the office of the Board of Appeals for the necessary form and to pay the fee. The staff will help you to complete the form.

When an original and three copies of the completed form and the supporting documents, as well as the filing fee, are submitted, you have officially filed an Administrative Appeal. The staff will then assign the case a number and schedule a hearing no sooner than 30 days after the filing date. The staff cannot accept an incomplete application.


Pre-Hearing Submissions:

Twenty days before the hearing, the County Attorney, who represents the government agency whose decision is being appealed, must file a pre-hearing submission that outlines the County's case and lists the witnesses the County will call. You, the applicant, are required to file a similar statement ten days before the hearing..


The Hearing:

The procedures for hearing administrative appeals are different from those that apply to variances and special exceptions. These are more formal hearings and are governed by Chapter 2A of the County Code. The Board of Appeals hears the entire case as if it were the governmental agency at issue, hearing the case for the first time (de novo). Board members may ask questions of any witness.

The County Attorney will represent the government agency and may call several witnesses, all of whom have been listed in the County's pre-hearing submission. As the appellant you may choose whether or not you wish to be represented by an attorney. You may present the witnesses you have listed in your pre-hearing submission. Cross-examination is permitted and the chairperson will explain that process before the hearing begins.

After both sides have presented their cases and completed their cross-examination, the chairperson usually will close the record. If for some reason the Board does not make its decision at the hearing, it will decide the case at a worksession. The chairperson will usually announce the proposed date of the worksession, but you should telephone the office to verify the date.

The decision of the Board will either sustain the governmental agency or grant the appeal.

The decision of the Board becomes effective on the date indicated on the written opinion.  

Appealing a Decision / Reconsideration and Decision - top

Any decision of the Board may be appealed to the Circuit Court within 30 days of the effective date of the written decision in accordance with Section 2-114 of the County Code.

 

The Board holds hearings every Wednesday at 9:30 a.m. 

Worksessions are held every other Wednesday. Items are accepted for the Agenda on a first come, first serve basis and Agendas are limited to a maximum number of items. The deadline for submissions is noon on the Tuesday prior to a hearing or Worksession. Late submissions will be considered on a case by case, space available basis and should consist of 10 copies of all materials requested for inclusion.

PLEASE NOTE:

(a) In all special exception and special exception modification cases applicants are required to submit duplicate copies of all final plans. Both copies will be entered into the case record, with one copy designated for Department of Permitting Services' use.

(b) Please do not file applications on a Wednesday, as public hearings are being held.


 




Montgomery County Council, 100 Maryland Ave, Rockville MD 20850
Phone: (240) 777-7900 (voice) • (240) 777-7888 (fax) • (MD Relay) Dial 711 or 800-201-7165
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