Section 5-814 - Board of appeals - Appeals.
§ 5-814. Board of appeals - Appeals.
(a) Right of appeal.-
(1) Appeals to the board of appeals may be taken by the Administration, by any aggrieved person, or by any officer or agency of the political subdivision affected by any decision of the administrative agency.
(2) An appeal shall be taken within 30 days of the decision by filing, with the administrative agency from which the appeal is taken and with the board, a notice of appeal specifying the grounds for the appeal. The agency immediately shall send to the board the papers that constitute the record on which the action appealed from was taken.
(3) Before the hearing, the agency also shall send a copy of the decision to the Administration and give it an opportunity to comment.
(b) Stay of proceedings.-
(1) An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative agency certifies to the board that, because of the facts stated in the certificate, a stay in its opinion would cause imminent peril to life or property.
(2) If the agency certifies as provided in paragraph (1) of this subsection, the proceedings may not be stayed other than by a restraining order granted by the board of appeals or by a court of record. On application and notice to the administrative agency, a restraining order may be granted for good cause shown.
(c) Hearing on appeal.-
(1) The board shall:
(i) Set a reasonable time for hearing the appeal;
(ii) Give public notice of the hearing;
(iii) Give notice to the parties in interest; and
(iv) Decide the appeal within a reasonable time.
(2) Any party may appear at the hearing in person or by his agent or attorney.
(d) Powers of board on appeal.- In compliance with this part, the board may:
(1) Reverse, affirm, or modify, the decision appealed from; and
(2) For this purpose:
(i) May make any order, requirement, decision, or determination that it considers proper; and
(ii) Has all the powers of the administrative agency from which the appeal is taken.
[An. Code 1957, art. 1A, § 8-803; 1977, ch. 13, § 2.]