§ 3-110. Hearing procedures; findings and orders.  


Latest version.
  • (a)

    The Commission may conduct public hearings when:

    (1)

    A written complaint that a person has violated or permitted his animal to violate the provisions of this Subtitle is filed with the Commission; or

    (2)

    A written complaint that a person has failed to comply with an outstanding order of the Commission is filed with the Commission.

    (b)

    The Commission shall conduct a public hearing when a person who has been served with a citation or violation notice charging him with a violation of the provisions of this Subtitle requests a hearing before the Commission in writing.

    (c)

    The Commission shall give notice in writing by regular mail to the complainant, the person charged or the appellant of a violation notice, of the time and place of a public hearing. The Commission shall also send notice by personal delivery, or by certified mail, return receipt requested, to the person charged. If the notice sent by regular mail is not returned and if the personal delivery or certified mail receipt indicates that the person charged is at the address given, it shall be presumed that the person has received notice of the hearing.

    (d)

    At the public hearing, the proceeding shall be conducted in an informal manner. The strict rules of evidence shall not apply. The Commission may hear any evidence which is relevant and probative of the matters set forth in the complaint, but shall not be required to hear irrelevant or merely cumulative evidence.

    (e)

    The Commission may require the attendance of the charging officer or the complainant and the person charged with the violation or noncompliance with a Commission order.

    (f)

    The Commission is authorized and empowered to issue its process or summonses, upon forms approved by the County Executive, compelling the attendance of witnesses to testify and to produce documents at hearings of the Commission. The Commission may make service of a summons by personal delivery or by registered or certified mail. Upon the failure of a person summoned to appear, the Office of Law may apply to the Circuit Court for an order compelling compliance with the summons. Failure to comply with the Court's order shall constitute contempt and shall be punishable in accordance with the Maryland Rules of Procedure.

    (g)

    At the close of all the evidence, the Commission shall deliberate and shall issue written findings of fact, and conclusions, and an appropriate order. If the Commission finds that a violation did not occur, it shall dismiss the complaint or citation. If the Commission finds that a violation has occurred, or that an animal is a public nuisance animal, or that a public nuisance condition exists, it may impose civil penalties pursuant to Section 3-116. In lieu of or in addition to imposing civil penalties, it may require appropriate affirmative action, including but not limited to:

    (1)

    The mandatory restriction or confinement of the animal under such conditions as the Commission may require in its discretion;

    (2)

    The mandatory destruction or other disposition of the animal as the Commission may direct in its discretion;

    (3)

    The correction of conditions or methods of animal care, keeping, maintenance, housing, or veterinary treatment as the Commission may require in its discretion;

    (4)

    A recommendation to the Director that licenses issued under this Subtitle be suspended or revoked; or

    (5)

    A recommendation to the State's Attorney for criminal prosecution of violations of this Subtitle or of other laws.

    (h)

    The Administrator may request the Commission to convene immediately for the purpose of investigating situations of acute emergency. In such case, good faith efforts shall be made to serve notice of the expedited hearings upon the person charged. The Commission may make such findings and orders as are appropriate to deal with the emergency situation. Such orders shall have effect for periods not to exceed fifteen (15) days, and the Commission shall schedule and hold a hearing in the ordinary course to consider further action. For the purposes of this Subsection, two voting members of the Commission shall constitute a quorum sufficient to act on behalf of the Commission.

(CB-36-1985; CB-26-2001)