§ 4-306. Appeal -- Procedures.

   (a) Who may file. -- An appeal to the board of appeals may be filed by:

   (1) a person aggrieved by a decision of the administrative officer or unit; or

   (2) an officer or unit of the jurisdiction affected by a decision of the administrative officer or unit.

(b) Timing. -- A person shall file an appeal within a reasonable time provided by the rules of the board of appeals by filing with the administrative officer or unit from whose action the appeal is taken and with the board of appeals a notice of appeal specifying the grounds of the appeal.

(c) Record. -- The administrative officer or unit from whose action the appeal is taken shall transmit promptly to the board all papers constituting the record of the action appealed.

(d) Stay of proceedings. --

   (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 or unit certifies to the board of appeals facts stated in the certificate that indicate to the administrative officer or unit that a stay would cause imminent peril to life or property, the board of appeals or the circuit court may stay the proceedings:

      (i) only for good cause shown; and

      (ii) through issuing a restraining order after notice is given to the administrative officer or unit.

(e) Hearing and decision on appeal. --

   (1) A board of appeals shall:

      (i) establish a reasonable time for the hearing of an appeal;

      (ii) give public notice of the existence of the appeal and of the hearing;

      (iii) give due notice to the parties in interest and to other persons entitled to notice under local law or the rules of the board of appeals; and

      (iv) decide the appeal within a reasonable time.

   (2) At a hearing, a party may:

      (i) appear in person; or

      (ii) be represented by an agent or attorney.

(f) Authority on appeal. --

   (1) A board of appeals may, in conformity with this division:

      (i) wholly or partly reverse the order, requirement, or decision that is the subject of the appeal;

      (ii) wholly or partly affirm the order, requirement, or decision that is the subject of the appeal;

      (iii) modify the order, requirement, or decision that is the subject of the appeal; or

      (iv) issue a new order, requirement, or decision.

   (2) The board of appeals shall have all the powers of the administrative officer or unit from whose action the appeal is taken.

HISTORY: An. Code 1957, art. 66B, § 4.07(e)-(h); 2012, ch. 426, § 2.