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11.01.16.00.htm 11.01.16.00. Title 11 DEPARTMENT OF TRANSPORTATION Subtitle 01 OFFICE OF THE SECRETARY Chapter 16 Rules of Procedure of the Board of Airport Zoning Appeals Authority: Transportation Article, §5-506―5-509, 5-801(f) and 5-822; State Government Article, §10-206; Annotated Code of Maryland
11.01.16.01.htm 11.01.16.01. 01 Scope of Authority.. A. The Board may hear and decide appeals in cases when there is a denial by the Maryland Aviation Administration in an order, requirement, decision, or determination relating to a request for a permit for any activity, land use, or structure within a noise zone or other airport zoning district of Baltimore/Washington International Airport (BWI) or Martin State Airport.B. The Board may hear, decide, and grant specific variances permitting a pr
11.01.16.02.htm 11.01.16.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Administration" means the Maryland Aviation Administration.. 2) "Board" means the Maryland Board of Airport Zoning Appeals.. 3) "Contested case" means a proceeding so defined under State Government Article, §10-202(d) Annotated Code of Maryland.4) "Party" means:. a) The applicant, appellant, or the Administration;. b) An aggrieved person or any officer or agency of
11.01.16.03.htm 11.01.16.03. 03 Vice Chairman.. The Chairman shall appoint a Vice Chairman to fulfill the duties of the Chairman when the Chairman is unable to perform his duties due to absence or disability.
11.01.16.04.htm 11.01.16.04. 04 Meetings, Quorums, Votes.. A. Meetings. The Board shall meet at the call of the Chairman or, during the Chairman's absence, the Vice Chairman. Unless otherwise designated, meetings shall be held at the Headquarters Building, Maryland Department of Transportation.B. Quorums.. 1) If an application for a variance or an appeal to the Board concerns property located in Anne Arundel County or Howard County, four members of the Board are a quorum including:a) One at-large member;.
11.01.16.05.htm 11.01.16.05. 05 Initiation of Appeals, Time Limits.. A. Appeals to the Board may be taken by any party when there is a denial of the request for a permit by the Maryland Aviation Administration. An appeal shall be filed within 30 days of a decision by the Administration.B. Requests to the Board for a specific variance from noise zone or airport zoning district regulations shall be filed within 30 days of the decision by the Administration.C. The Chairman may extend the time limits set for
11.01.16.06.htm 11.01.16.06. 06 Docket, Time of Hearing, Notice.. A. The Secretary of the Board shall maintain a docket in which all appeals and requests for variance shall be recorded. The docket shall be available for public inspection during normal business hours at the Headquarters Building, Maryland Department of Transportation.B. Appeals and requests for variance shall be recorded on the docket upon receipt and filed for hearing in the order they are received by the Board. The Board may, however, fo
11.01.16.07.htm 11.01.16.07. 07 Representation.. A. A party may appear in proper person or be represented by counsel.. B. A political subdivision may be represented by any officer or agency..
11.01.16.08.htm 11.01.16.08. 08 Prehearing Procedures.. A. At least 2 weeks before the hearing, each party shall file with the Board a list of witnesses and documentary evidence to be introduced at the hearing, and a copy shall be served on each other party to the hearing.B. Prehearing Conferences. The Chairman of the Board may hold prehearing conferences as he considers appropriate.C. The Board may administer oaths and issue subpoenas and orders for the attendance of witnesses and the production of documents.
11.01.16.09.htm 11.01.16.09. 09 Conduct of the Hearing.. A. Duties of Chairman. The Chairman or his designee shall be the presiding officer. The presiding officer:1) Shall have complete charge of the hearing, permit the examination of witnesses, admit evidence, rule on the admissibility of evidence, and adjourn or recess the hearing;2) May set time limits on arguments;. 3) Shall be responsible for decorum in the hearing and may suspend the proceeding as necessary to maintain decorum;4) May request a represen
11.01.16.10.htm 11.01.16.10. 10 Records and Transcripts.. A. The Board shall prepare an official record which shall include all pleadings, testimony, exhibits, and other memoranda or material filed in the proceedings.B. A stenographic record or an electronic recording shall be made of each hearing, but need not be transcribed unless a request for a transcribed copy is made. The party requesting the transcribed copy shall pay all costs of transcription.
11.01.16.11.htm 11.01.16.11. 11 Decision and Order.. Each decision and order rendered by the Board shall be in writing and shall be accompanied by findings of fact and conclusions of law. A copy of the decision and order and accompanying findings and conclusions shall be delivered or mailed to each party within 120 days of the hearing.
11.01.16.12.htm 11.01.16.12. 12 Judicial Review.. Upon issuance of a final decision, an aggrieved party may seek judicial review..
11.01.16.9999.htm 11.01.16.9999. Administrative History Effective date: December 15, 1986 (13:25 Md. R. 2661). Regulation .04B and C amended effective July 8, 1991 (18:13 Md. R. 1843). Regulation .06E amended effective October 12, 1992 (19:20 Md. R. 1816). Regulation .11 amended effective July 8, 1991 (18:13 Md. R. 1843).
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