Rules of Procedure

Prince George's County Planning Board

Effective: January 1, 1981
Amended: September 22, 1983
January 28, 1988
July 29, 1993
October 7, 1993
November 3, 2005
May 15, 2008

Download Rules of Procedure

SECTION 1—Purpose

The purpose of these rules is to establish procedures for the conduct of hearings in all cases in which a final decision is made by the Prince George’s County Planning Board after a hearing required by law. These rules are promulgated pursuant to the Administrative Procedure Act, State Government Article, Section 10-201 through 10-217, of the Annotated Code of Maryland. For purposes of these rules, the following matters shall be subject to these rules:

Comprehensive Design and Specific Design Plans
Conceptual and Detailed Site Plans
Certification, Revocation, and Revisions of Nonconforming Uses

Preliminary Plats of Subdivision and Vacation of Subdivision Plats

Departure from Design Standards
Minor Change to an Approved Special Exception
Any other contested case upon which a final decision is made by the Board

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SECTION 2—Notice

Unless otherwise provided herein or required by law, notice of all hearings held pursuant to these rules shall be made by the mailing of adequate notice to the applicant and parties of record, or by the posting of a sign on the subject property in accordance with Section 2—Notice of the Administrative Practices for the Prince George’s County Planning Department.

SECTION 3—Preliminary Action

Upon convening the hearing, a brief explanation of the purpose of the hearing shall be presented, together with any information or data which has been received, before public discussion and comments begin. The case file shall be a part of the record and shall be available to the public at reasonable times.

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SECTION 4—Information from the Public

The presiding officer may prescribe procedures for registration of speakers and may require that each person come forth and state the following information:

(a) name
(b) address, and
(c) person or organization he represents, or that he is speaking as an individual.The presiding officer may announce reasonable time limitations and registration requirements for speakers so that all may have an opportunity to be heard.

SECTION 5—Cross-Examination

The presiding officer shall permit any party of record to ask questions of a witness at the conclusion of that witness’s testimony. Questions should be limited to information presented by the witness. In other words, it is not appropriate for a person to begin his own testimony at this time nor to question a witness on a subject not presented into the record by that witness. The presiding officer may also limit the number of questions to a single representative of each side.

SECTION 6—Recess to another time and place

Any public hearing may be recessed to a certain time and place which is announced, or posted at the time and place for which notice originally had been given, and no further notice shall be necessary.

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SECTION 7—Evidence

Although not guided by formal rules of evidence, certain rules will be followed, such as:

(a) Hearsay evidence, if relevant, will normally be accepted into the record.
(b) Objections to testimony will only be sustained for the most compelling reasons so that the purpose of providing wide latitude to witness will be served.
(c) Objections to testimony must be made at the time the information is presented or they will be considered waived.

SECTION 8—Closing the Record

The Board may leave the record open at the conclusion of the hearing to receive additional evidence and may, in its discretion, limit the evidence to a specific matter or issue. After the Board is satisfied that all of the information has been received by the Board, the record will be closed. No additional information will then be received except for good cause shown and a showing that it is material. If a hearing is continued or recessed for any reason, additional information may be received.

SECTION 9—Ex Parte Communication

(a) No member of the Planning Board may communicate ex parte, or outside of the record, with any person regarding the merits of a pending contested case. The members may, however, communicate with each other, staff or with legal counsel.

(b) Any member of the Planning Board who receives an ex parte communication in violation of subsection (a) shall place on the record all written communications received, a memorandum stating the substance of all oral communications received and responses made, and shall arrange notification to all parties of record that such communication has been filed. Any party desiring to rebut the ex parte communication shall be allowed to do so upon request made within five (5) days after notice of the communication. Any Planning Board member may, if he deems it necessary to eliminate the effect of a prohibited ex parte communication, withdraw from the proceeding.

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SECTION 10—Reconsideration

(a) A request to reconsider may be made by a party of record at anytime within ten (10) calendar days of the date of the final decision. Requests for reconsideration shall be made in writing with copies sent to all parties of record at the same time such request is sent to the Planning Board. If the Board does not grant reconsideration within twenty (20) calendar days after receipt of the request, or at the next hearing scheduled if no hearing is scheduled within twenty (20) days of the receipt of the request, it is denied.

(b) Any member of the Planning Board who voted with the majority on the original proposal may move for reconsideration within thirty (30) calendar days. If no such member remains on the Board, the motion may be made by the Chairman, on his own initiative, or at the request of any plans on the agenda for discussion purposes.

(c) All parties of record shall be mailed notice of the date at which the Planning Board will consider the request for reconsideration. Such notice shall be mailed at least ten (10) days prior to the scheduled meeting.

(d) Reconsideration may only be granted if in furtherance of substantial public interest the Board finds that an error in reaching the original decision was caused by fraud, surprise, mistake, inadvertence or other good cause.

(e) If a motion to reconsider is adopted, notice of the hearing date shall be sent to all parties of record at least ten (10) days prior to the scheduled hearing. In addition to the mailing, notice may be given by the placing of a sign or signs on the property in accordance with the general locational and legibility requirements specified in Section 27-150 of the Zoning Ordinance. Such signs shall be posted for a minimum of 15 days prior to the scheduled hearing.

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SECTION 11—Order of Presentations

(a) Staff,
(b) Other public agency comments
(c) Applicant’s case
(d) Opposition’s case
(e) Rebuttal by applicant
(f) Surrebuttal and summation by opposition
(g) Summation by staff
(h) Summation by applicant

SECTION 12—Rules, Changes, and Supplements

(a) Suspension of Rules:
The suspension of any rule shall require the concurrence of four members of the Board. This motion is debatable but does not permit discussion of the main question. It can neither be reconsidered, tabled, nor postponed indefinitely, and while it is pending, no motion can be made except to adjourn. A separate suspension of the rules shall be necessary for each proposition.

(b) Repeal or Amendment of Rules:
No motion, order, or resolution to repeal or amend a rule of the Board shall be considered or acted upon unless it shall have been submitted in writing to the Board at least two weeks prior thereto, together with the written text of any proposed amendment. The repeal or amendment of any rule of the Board shall require the concurrence of a majority of members present and voting.

(c) Robert’s Rules of Order:
The rules of parliamentary practice and procedure as set forth in the latest published edition of Robert’s Rules of Order, as amended, shall govern the Board in all cases to which these rules of procedure apply.

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SECTION 13—Final Decisions and Resolutions

(a) Form—A final decision in a contested case shall be reflected in the form of a resolution.

(b) Contents—The resolution reflecting the final decision of the Planning Board shall contain separate statements of:

(i) The Findings of Fact; and
(ii) Conclusions of Law.

(c) Time for Filing—The resolution reflecting the Board’s decision shall be completed and filed with the Board’s Recording Secretary within 12 calendar days of the Board’s decision.