AGENDA ITEM
11
January 12,2016
Public Hearing
MEMORANDUM
TO:
FROM:
SUBJECT:
County Council
Jeffry L. zYOn/ienior Legislative Analyst
Public Hearing:
Bill 52-15, Administrative Procedures - Summary Decision
Bill 52-15, Administrative Procedures - Summary Decision, sponsored by Lead Sponsor
Council President Floreen at the request of the Hearing Examiner, was introduced on December
8, 2015. A Government Operations and Fiscal Policy worksession is tentatively scheduled for
January 21,2016 at 9:30 a.m.
Bill 52-15 would revise the Administrative Procedures Act to allow a summary decision
without an evidentiary hearing when there are no facts at issue.
This packet contains:
Bill 52-15
Legislative Request Report
Circle
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F:\LAw\BILLS\lS52 Summary Judgement\PH Memo.Docx
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Bill No.
52-15
Concerning: Administrative Procedures ­
Summary Decision
Revised: 12-2-15
Draft No. 3
Introduced:
December 8, 2015
Expires:
June 8, 2017
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: --'-!N-""on'-!.l:e"---_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Council President at the request ofthe Hearing Examiner
AN
ACT to:
(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
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Addedto existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves thefollowing 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)
*
*
Summary Decision.
Any
lli!!1Y
may file
~
motion for summary decision
at least 20 days before the date of
~
hearing. The hearing authority may
grant summary decision if the hearing authority finds that there is no
genuine issue of material fact to be decided at the hearing. 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 pennit oral argument on the motion.
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ill
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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Approved:
21
Nancy Floreen, President, County Council
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Approved:
Date
23
Isiah Leggett, County Executive
Date
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LEGISLATIVE REQUEST REPORT
Bill 52-15
Administrative Procedures
-
Summary Decision
DESCRIPTION:
The will would amend the Administrative Procedures Act to all a
hearing authority to come to conclusion without an evidentiary
hearing when there are no facts at issue.
Maryland Courts only allow a summary decision to be made when
that procedure is allow by law. Currently the authority for summary
decisions is not in County Code having for an inefficient hearing
process.
The Bill will make the hearing process more efficient.
Merit System Protection Board, Landlord Tenant Affairs
Commission, the Commission on Common Ownership, the Human
Rights Commission and the Office of Zoning and Administrative
Hearings
To be requested.
To be requested.
To be requested.
To be researched.
Consultations with Boards, Commissions, and offices
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENAL TIES:
NA
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