Bill No.
52-15
Concerning: Administrative Procedures -
Summary Decision
Revised:
2-2-16
Draft No.
5
Introduced:
December 8.
2015
Enacted:
February
2. 2016
Executive: - - - - - - - - -
Effective: - - - - - - - - - -
Sunset Date:
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Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Council President at the request of the Hearing Examiner
ANACTto:
(1)
(2)
revise the Administrative Procedures Act to allow a summary decision without an
evidentiary hearing ; and
generally amend the law governing administrative procedures.
By amending .
Montgomery County Code
Chapter 2A, Administration
Section 2A-7
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Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law wzaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No.
52-15
1
Sec.
1.
Section 2A-7 is amended as follows:
2A-7. Pre-hearing procedures.
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(d)
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*
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Summary Decision.
Any
}2fil1Y
may file
~
motion for summary decision
at least
[ll.Q]]
10 days before the date
of~
hearing. The hearing authority
may grant summary decision if the hearing authority finds that:
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ill
(2)
there is no genuine issue of material fact to be decided at the
hearing; and
the moving partv is entitled to prevail as a matter of law.
The hearing authority must give all other parties at least 10 days to
respond to the motion for summary decision before deciding the motion.
The hearing authority may permit oral argument on the motion.
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W
Restrictions on data.
Unless a matter has been formally certified for
hearing by the hearing authority, government documents or records shall
not be subject to these provisions.
In
the event a matter is certified for
hearing by the hearing authority, any documents or records not to be used
at the hearing shall not be subject to the provisions of this chapter.
Further, any matter or materials which are designated by law as
confidential shall not be released without a waiver of the parties to the
confidentiality.
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BILL
No. 52-15
23
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Approved:
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Approved:
9otLML
Date
Nancy Floreen, President, County Council
Isiah Leggett, County Executive ·
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This is a correct copy ofCouncil action.
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Linda M. Lauer, Clerk of the Council
Date
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