Section 6-203 - Hearing examiner in certain counties and Baltimore City.

§ 6-203. Hearing examiner in certain counties and Baltimore City.
 

(a)  Initial hearing by hearing examiner.- For all proceedings before a county board under §§ 4-205 (c), 6-202, and 7-305 of this article, the county board may have the proceedings heard first by a hearing examiner. 

(b)  Requirements for selection.-  

(1) Except as provided in paragraph (2) of this subsection, for proceedings before a county board under § 6-202 of this subtitle, the hearing examiner shall be an attorney admitted to practice before the Maryland Court of Appeals. 

(2) In Anne Arundel County, for proceedings before the Anne Arundel County Board under § 6-202 of this subtitle, the hearing examiner may, but need not, be an attorney. 

(3) The hearing examiner shall be chosen by the county board. 

(4) In Calvert and Charles counties, the hearing examiner may not be the attorney to the county board or be connected in any way with that attorney. 

(5) In Carroll and Howard counties, the hearing examiner may not be a partner or an employee of the law firm representing the county board. 

(c)  Submission of transcript and findings.- The hearing examiner shall submit to the county board and appellant: 

(1) A record of the proceedings and exhibits; and 

(2) The hearing examiner's findings of fact, conclusions of law, and recommendation. 

(d)  Parties may present argument before board.- Parties to the proceedings before the hearing examiner may make arguments before the county board. 

(e)  Review of record; decision.-  

(1) After it reviews the record and the recommendation of the hearing examiner, the county board shall make a decision. 

(2) The decision may be appealed to the State Board as provided in this article. 

(f)  Rules and regulations.- Each county board shall adopt reasonable rules and regulations to regulate the proceedings before the hearing examiner. 
 

[An. Code 1957, art. 77, §§ 114A-114D; 1978, ch. 22, § 2; 1979, ch. 139; 1980, ch. 105; 1990, ch. 36; 1991, ch. 250; 1992, ch. 22, § 1; 1997, ch. 105, § 1; ch. 120; 1998, chs. 361, 624; 1999, ch. 104.]