# COMAR 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 **Administrative History:** Effective date: December 15, 1986 (13:25 Md. R. 2661) **Administrative History:** Regulation .04B and C amended effective July 8, 1991 (18:13 Md. R. 1843) **Administrative History:** Regulation .06E amended effective October 12, 1992 (19:20 Md. R. 1816) **Administrative History:** Regulation .11 amended effective July 8, 1991 (18:13 Md. R. 1843) #### Regulation .01 Scope of Authority. *COMAR 11.01.16.01* 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 prohibited activity or land use, or deny requests for a prohibited activity or land use within a noise zone or other airport zoning district of Baltimore/Washington International Airport (BWI) or Martin State Airport. #### Regulation .02 Definitions. *COMAR 11.01.16.02* 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 the political subdivision affected by the decision of the Administration and who has been granted the right to intervene by the Chairman of the Board. #### Regulation .03 Vice Chairman. *COMAR 11.01.16.03* 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. #### Regulation .04 Meetings, Quorums, Votes. *COMAR 11.01.16.04* 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; (b) Two members from Anne Arundel County; and (c) One member from Howard County. (2) If an application for a variance or an appeal to the Board concerns property in Baltimore County, three members of the Board are a quorum including: (a) One at-large member; and (b) Two members from Baltimore County. C. Votes. A majority of the quorum hearing an appeal or request for variance, as the quorum is defined in §B(1) or (2), of this regulation, shall be required to affirm any action of the Board. #### Regulation .05 Initiation of Appeals, Time Limits. *COMAR 11.01.16.05* 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 forth in §§A and B, of this regulation. The extension shall be at the discretion of the Chairman and only for good cause. A party requesting an extension shall file with the Board a written request setting forth the reason for the requested extension. This request shall be filed with the Board within the time period set forth in §A or B, of this regulation. D. Form of Appeal. Appeals shall be filed in writing with the Board and shall contain the following information: (1) A caption setting forth the: (a) Parties, (b) Name of the Board, (c) Docket number; (2) The basis for the appeal; and (3) The relief sought. E. Request for Variance. A request for variance shall be filed in writing with the Board and shall contain the following information: (1) A caption setting forth the: (a) Parties, (b) Name of the Board, (c) Docket number; (2) The basis for the request for variance; and (3) The relief sought. #### Regulation .06 Docket, Time of Hearing, Notice. *COMAR 11.01.16.06* 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, for administrative ease and in its discretion, schedule hearings in any order other than the order in which they are received, provided that this does not result in a delay of more than 2 months from the date a hearing would have been conducted had it been scheduled based upon the date of receipt of the appeal or request for variance. C. Upon request by any party, the Board may hold expedited proceedings if it determines that there are sufficient grounds for so doing. In this event, the provisions of §§B and E may be waived. D. The Chairman or his designated representative may request further documentation from any party prior to the hearing. E. Notice of hearings on appeals or requests for variance shall be: (1) Sent by certified mail to all parties not more than 30 days, or less than 10 days, before the date of the hearing; and (2) Advertised in the Maryland Register or a newspaper of general circulation in the county in which the applicant's property is located at least 10 days before the hearing. #### Regulation .07 Representation. *COMAR 11.01.16.07* 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. #### Regulation .08 Prehearing Procedures. *COMAR 11.01.16.08* 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. D. A preliminary motion filed by a party shall be accompanied by a memorandum of points and authorities and shall be filed with the Board at least 10 working days before the hearing, and a copy shall be served on each other party to the hearing. Any response shall be filed with the Board at least 5 working days before the hearing, and a copy shall be served on each other party to the hearing. The Board may, in its discretion, grant a hearing on the motions. #### Regulation .09 Conduct of the Hearing. *COMAR 11.01.16.09* 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 representative of the Attorney General's Office to act as legal advisor to the Board regarding questions of evidence and law. B. Order of Procedure. The order in which the parties shall present their cases shall be determined by the presiding officer. C. Examination of Witnesses and Introduction of Evidence. (1) The rules of evidence in all hearings under these procedures shall be as set forth under the Administrative Procedure Act, State Government Article, §10-213, Annotated Code of Maryland. (2) A party may submit evidence, examine and cross-examine witnesses, and file objections, exceptions, and motions. When a party is represented by counsel, however, all submissions of evidence, examination and cross-examination of witnesses, and filing of objections, exceptions, and motions shall be done and presented solely by counsel. (3) The Chairman and any members of the Board may examine any witness called to testify at the hearing. The presiding officer may call as a witness any other person. D. Summary of Evidence. The presiding officer may, in his discretion, permit any party to summarize the evidence, provided that, if one party is permitted summary, the presiding officer shall also permit each other party to the hearing to summarize the evidence. E. Executive Session. The Board shall hold an executive session to consider all probative and relevant evidence submitted during the hearing and to determine the outcome of the hearing. #### Regulation .10 Records and Transcripts. *COMAR 11.01.16.10* 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. #### Regulation .11 Decision and Order. *COMAR 11.01.16.11* 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. #### Regulation .12 Judicial Review. *COMAR 11.01.16.12* Upon issuance of a final decision, an aggrieved party may seek judicial review.