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I I I I I I I I I I I I I I I I THE ZONING REPORT i~earing for 18 month~, Such a dismissal is sub- jec~ to a_~_ppeal before the County Board of Appeals. In e~ch in~tance, all costs of adver- tising and posting miUst be satisfied before an order of dismissal will be issued," [Baltimore County, T~wson MD zoning code] [The hearing examiner cannot have a conflict of interest on cases~heard after he leaves of- fice]: ". · Whoeve~ shall accept an appoint- to the office o~ hearing examiner is, for ment a period of one year ~from the date of termina- tion as holder of suc.h office, hereby expressly p~ohibited from acting as agent or attorney in any proceeding, application or other matter before any council, ~board, agent, official or commission of the g~vernment of the county, involving property w~ich was the subject of a amc dment which as pending local zoning map ~ w during the time he was in office. [Elected board can IOrder moratorium on hear- in~ examiner action~ to consider and adopt plans}: "The district ~ounci] may, by resolution, order the hearing ex,.miner to suspend, defer, postpone or continde public hearings, the scheduling of public h~earings or the issuance of the examiner's rep~rt~and recommendation on a local map amendmen~ application, either to a time certain or fori a reasonable period of time, when such action is necessary to provide sufficient reasonable~ time for the district council's adoption or ~pprova] of any prelimin- ary or final master ~plan or sector plan or amendments thereto,' zoning plan or study, highway plan or project, zoning text amend- ment, sewer, water ~r other capital improve- ments project or an~endments thereto which ma5' in its discretion lhave a substantial effect or bearing upon any local map amendment ap- plication before the hearing examiner." [Montgomery County, ~ilver Spring MD] "Procedural Rights: Subject to the specific standards and limitations set forth in this [zonT ing] Code, the follo~wing procedural entitle- ments shall be provid~d at the public hearing: Page Eight ".1 .A reasona, ble opportunity for those per- sons entitled to notice or who may be adverse- ly affected or aggrieved by the decision to present evidence; ".2 A reasonable opportunity to cross-exam- ine witnesses~ including staff, provided that the right is asserted at the first reasonable opportunity. Staff similarly shall be entitled to reasonable cross-examination of witnesses; ".3 A reasonable opportunity for rebuttal of new ma terial; ".4 An impartial review authorit,v as free from potential conflicts of interest and pre- hearing ex-porte contacts as reasonably possi- ble. It is recognized, however, that the public has a countervailing right of free access to public officials: "A. [The hearing examiner] shall disclose the substance of any significant pre-hearing ex- porte contacts with regard to the matter at the commencement of the public hearings on the matter. The [examiner] shall state whether the contact has impaired the impartiality or ability of the [examiner] to [decide] the matter and shall participate or abstain accordingly." [Washington Co, Hillsboro OR] IN THE NEXT FEW ISSUES . . . . . . Next month, for February 18th, we discuss zoning regulations for recycling uses. trash transfer stations and waste control· For March 18th, we again take two issues to discuss a major topic: zoning for bars, drinking places and alcoholic beverage control. We make every effort to present accurate in- formation and sound opinion in this report. However, we do not guarantee results, accu- racy, or assume liability for errors, omissions, or for information you may act upon. This pub- lication does not purport to be engaged in the practice of law or give legal advice, but is the opinion of the editor and publisher solely as a professional urban planner. January 21, 1994 Iol