There shall be a County Board of Appeals consisting of five (5) residents of the county who have been qualified voters for at least two (2) years. Members of the County Board of Appeals shall be appointed by the Council for terms of three (3) years, except that the respective terms of the five (5) members first appointed shall be on a staggered basis. The Board shall elect its own officers. The compensation of members of the Board shall be established by law and may not be increased or decreased during the term for which they are appointed. Upon receipt of certification from a majority of the Board that a member has resigned or is physically unable to serve, the Council is empowered to appoint a new member to complete the balance of the departed member's term or to serve until receipt of written certification from a majority of the Board that the physical incapacity has been removed, whichever event shall first occur. Such substitute member shall be paid on a per diem basis to be fixed by Talbot County Council and the salary to be charged to the departed member. [Amended 8-15-1978 by Bill No. 109]
The County Board of Appeals has and may exercise functions and powers relating to the hearing and deciding of matters established by this Charter or by law, including but not limited to the following:
(1) 
Zoning matters, exclusive of rezoning.
(2) 
Appeals from orders relating to licenses and permits.
(3) 
Appeals from orders relating to building, subdivision, plumbing and electrical statutes or codes.
(4) 
Appeals from executive, administrative or adjudicatory orders.
In order to carry out the heretofore mentioned functions and powers, the County Board of Appeals may subpoena witnesses, administer oaths, take testimony and require the production of evidence.
The County Board of Appeals shall adopt rules of practice governing its proceedings, which have the force and effect of law when approved by legislative act of the Council. The rules of practice and procedure may not be inconsistent with the Administrative Procedure Act in Article 41 of the Annotated Code of Maryland.[1] All hearings held by the Board shall receive public notice and shall be held not less than ten (10) days after publication of the hearing notice. All hearings held by the Board are open to the public. Three (3) members shall constitute a quorum for the hearing of any appeal, but a denial of relief by less than three (3) votes of the Board members shall entitle the appellant to a rehearing before the full Board. The Board shall cause to be maintained complete public records of its proceedings, with a suitable index.
[1]
Editor's Note: See now Md. Code Ann., State Government Article, Title 10, Subtitles 1, 2, and 3.
Within thirty (30) calendar days after any decision of the County Board of Appeals is rendered, any party aggrieved thereby may appeal to the Circuit Court for Talbot County, in accordance with the Maryland Rules of Procedure.
The Board may appoint its own attorney and other employees, within budgetary limitations, and the Council shall make available to the Board services and facilities of the county as necessary or appropriate for the proper performance of its duties.