Maryland Land Use Section 4.07

      (a)      (1)      Each local legislative body shall provide for the appointment of a board of appeals.

            (2)      A board of appeals consists of at least three members.

            (3)      The terms of office of the members of a board of appeals are 3 years.

            (4)      A member of a board of appeals shall be appointed by the local executive and confirmed by the local legislative body.

            (5)      A member of a board of appeals may be removed:

                  (i)      For cause;

                  (ii)      On written charges; and

                  (iii)      After a public hearing.

            (6)      The appointing authority shall appoint a new member to fill the unexpired term of any member who leaves a board of appeals.

            (7)      A member of a board of appeals may receive the compensation that the local legislative body considers appropriate.

            (8)      A local legislative body may not serve as a board of appeals.

            (9)      A member of the board of appeals shall recuse himself or herself from participating in a matter in which the member may have a conflict of interest or an appearance of a conflict of interest.

      (b)      (1)      Each local legislative body shall designate one alternate member for the board of appeals who may sit on the board when any other member of the board is absent.

            (2)      When the alternate member is absent, the local legislative body may designate a temporary alternate.

      (c)      (1)      A board of appeals shall adopt rules in accordance with the provisions of any ordinance adopted under this article.

            (2)      The meetings of a board of appeals shall be held at the call of the chairman and at other times determined by the board.

            (3)      The chairman of a board of appeals or the acting chairman may administer oaths and compel the attendance of witnesses.

            (4)      All meetings of a board of appeals shall be open to the public.

            (5)      (i)      A board of appeals shall make a transcript of all proceedings, showing the vote of each member on each question, or the member's absence or failure to vote.

                  (ii)      1.      A board of appeals shall immediately file the transcript of its proceedings in the office of the board.

                        2.      A transcript shall be a public record.

            (6)      If a recording or a transcript of a recording is not prepared in the normal course of the board's proceedings, the party who requests a copy of the recording or its transcript shall pay the cost of preparing the recording or transcript.

      (d)      A board of appeals shall have the following powers:

            (1)      Hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of this article or of any ordinance adopted under this article;

            (2)      Hear and decide special exceptions to the terms of an ordinance on which the board is required to pass under the ordinance; and

            (3)      Authorize on appeal in specific cases a variance from the terms of an ordinance.

      (e)      (1)      An appeal to the board of appeals may be filed by:

                  (i)      Any person aggrieved by any decision of the administrative officer; or

                  (ii)      Any officer, department, board, or bureau of the jurisdiction affected by any decision of the administrative officer.

            (2)      An appeal shall be taken within a reasonable time, as provided by the rules of the board of appeals, by filing with the administrative officer from whom the appeal is taken and with the board of appeals a notice of appeal specifying the grounds of the appeal.

            (3)      The officer from whom the appeal is taken shall promptly transmit to the board all papers constituting the record on which the action appealed was based.

      (f)      (1)      Except as provided in paragraph (2) of this subsection, an appeal to a board of appeals stays all proceedings in furtherance of the action appealed.

            (2)      If an administrative officer certifies to the board of appeals facts stated in the certificate that indicate to the administrative officer that a stay would cause imminent peril to life or property as provided in paragraph (1) of this subsection, the board of appeals or the court of record may stay the proceedings:

                  (i)      Only for due cause shown; and

                  (ii)      Through the issuance of a restraining order after notice is given to the administrative officer.

      (g)      (1)      A board of appeals shall fix a reasonable time for the hearing of an appeal, give public notice of the hearing and due notice to the parties in interest, and decide the appeal within a reasonable time.

            (2)      At a hearing, a party may appear in person or be represented by an agent or attorney.

      (h)      (1)      In exercising its powers, a board of appeals may, in conformity with the provisions of this article:

                  (i)      Wholly or partly reverse the order, requirement, decision, or determination from which the appeal is taken;

                  (ii)      Wholly or partly affirm the order, requirement, decision, or determination from which the appeal is taken;

                  (iii)      Modify the order, requirement, decision, or determination from which the appeal is taken; or

                  (iv)      Issue a new order, requirement, decision, or determination.

            (2)      The board shall have all the powers of the administrative officer from whom the appeal is taken.