Md. Code Regs. 09.32.06.04

Current through Register Vol. 51, No. 12, June 14, 2024

Section 09.32.06.04 - Remand to Hearing Examiner

A. The Board of Appeals may remand a case to a hearing examiner for purposes that it may direct. Cases remanded for a de novo or additional hearing shall be placed upon the calendar for prompt hearing.The hearing examiner to whom a case has been remanded for a new decision without a new hearing shall promptly issue the new decision.

B. If a case is remanded for a new hearing, the previous decision of the hearing examiner shall remain in effect unless vacated by the Board of Appeals until the issuance of a new decision by a hearing examiner. Unless the Board of Appeals orders otherwise, upon the convening of the new hearing, the appellant before the Board of Appeals shall have the burden of going forward. If the appellant before the Board of Appeals does not appear at the remand hearing, the previous decision of the hearing examiner shall remain in effect or be reinstated.

C. The Board of Appeals may issue specific directions to a hearing examiner with regard to the remand of any particular case.

Md. Code Regs. 09.32.06.04

Regulations .04 adopted effective December 1, 1986 (13:24 Md. R. 2562)
Regulation .04C amended effective April 5, 1999 (26:7 Md. R. 542)
Regulations .04 adopted effective December 13, 2010 (37:25 Md. R. 1737); amended effective 45:14 Md. R. 695, eff. 7/16/2018