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Appellant asks hearing examiner to recuse in H27D; examiner concludes hearing and says decision will follow
Summary
At a Nov. 19 hearing in case H27D, appellant representative Sang O asked the hearing examiner to recuse over a prior interaction; the examiner said there was no recusal motion on the record, the appellant declined to present evidence, and the examiner declared the hearing concluded with a written decision to follow.
An appeal over a denied alternative‑compliance request for Arlington Manor ended without live testimony after the appellant's representative requested the hearing examiner recuse himself and then declined to present evidence.
The Howard County Board of Appeals matter, identified as case H27D, involves an application by Speed Floor Mid Atlantic LLC (care of Tim Harmon) contesting a DPZ letter denying reconsideration of the applicant’s request for alternative compliance for WP‑25‑O64, the examiner said at the opening of the hearing.
Sang O, identifying himself "on behalf of the appellant," asked the examiner to step aside. "What I was going to do was to ask you, notwithstanding the decision by the Board of Appeals not to take this case, for you to decide to recuse in this case," Sang O said. He referenced a prior hearing and a subsequent newspaper article arising from an earlier application involving another party.
The examiner replied that there was no motion for recusal before him. He instructed that the case had been called and asked whether the appellant was prepared to proceed. Sang O said he would not present evidence and that the appellant would rest on the supplement to the petition rather than offer live testimony.
The examiner then stated, "That being said, the hearing in this matter will deem to have been concluded, and a decision and order will be forthcoming." No formal recusal determination or vote was recorded on the record during the session, and the hearing record closed with the examiner reserving issuance of a written decision.
The proceeding thus concluded without testimony or evidentiary presentation; the examiner’s written decision and order will provide the official disposition of the appeal and any further procedural direction.
