Hearings and Decisions

Baltimore City Code div. Health Code, tit. 10, subtit. 10, pt. II

in effect

Baltimore City Code, Health Code, § 10-1004 Opportunity for hearing.

§ 10-1004. Opportunity for hearing. (a) Licenses and permits. (1) Before the Office takes any final action to deny, amend, suspend, revoke, or refuse to renew a license or permit, the Office must notify the person against whom the action is contemplated of the proposed action. (2) The notice must state that a hearing will be provided if, within 10 days of the notice (or anylonger period specified in the notice), the person files with the Panel a written request for a hearing. (b) Other situations. (1) In all other situations, any person aggrieved by a notice, order, decision, or other action of the Office may request a hearing on the matter. (2) The request must: (i) be in writing; (ii) state the grounds on which the person is contesting the notice, decision, order, or other action; and (iii) unless a different time is specified in this article, be filed with the Panel within 10 days of the notice, decision, order, or other action. (Ord. 11-573; Ord. 99-548.)

Baltimore City Code, Health Code, § 10-1005 Conduct of hearing.

§ 10-1005. Conduct of hearing. (a) Quorum for hearings. (1) Any hearing pertaining to the determination of whether an animal is a dangerous or vicious animal requires the presence of 3 members of the Panel. (2) All other hearings under this title only require the presence of at least 1 member of the Panel. (b) Scheduling hearing. Once a timely request for a hearing is filed, the Panel must promptly schedule the hearing. (c) Notice. (1) At least 5 days before the hearing, the Panel must provide notice of the hearing to the owner or custodian of the animal, any complainant, and any other interested parties. (2) Except as otherwise provided by law or by rule or regulation of the Panel, the notice must contain the same information as that required by Title 2, Subtitle 3 {“Administrative Hearings”} of this article. (d) Conduct of hearing. Except as otherwise provided by law or by rule or regulation of the Panel, the hearing must be conducted in an informal manner, subject to the same procedures and standards for the submission and consideration of evidence as that provided in Title 2, Subtitle 3 {“Administrative Hearings”} of this article. (Ord. 11-573.)

Baltimore City Code, Health Code, § 10-1006 Panel decision.

§ 10-1006. Panel decision. (a) In general. The decision of the Panel must comply with the same requirements as those imposed by Title 2, Subtitle 3 {“Administrative Hearings”} of this article. (b) Specific considerations. (1) On the question of whether an animal is a vicious animal, the Panel must determine, based on the facts presented: (i) whether the animal: A. is a vicious animal; B. is not a vicious animal, but is a dangerous animal; or C. is neither a vicious nor a dangerous animal; and (ii) what, if any, corrective action is appropriate. (2) On the question of whether an animal is a dangerous animal, the Panel must determine, based on the facts presented: (i) whether the animal: A. is a dangerous animal; or B. is not a dangerous animal; and (ii) what, if any, corrective action is appropriate. (3) On the question of any other violation of the animal control and protection laws, rules, and regulations of this City and State, the Panel must determine: (i) a violation has or has not occurred; and (ii) what, if any, corrective action is appropriate. (Ord. 11-573; Ord. 07-632; Ord. 99-548.)

Baltimore City Code, Health Code, § 10-1007 Corrective actions.

§ 10-1007. Corrective actions. (a) Animal found to be vicious. If the Panel determines that an animal is a vicious animal, the Board: (1) must direct the Commissioner to immediately euthanize the animal in the most humane way possible; and (2) may: (i) require the owner or custodian to pay all costs of impoundment; and (ii) refer the matter to the State’s Attorney for prosecution. (b) Animal found to be dangerous. If the Panel determines that the animal is a dangerous animal, the Panel: (1) must require the owner or custodian to take whatever corrective actions the Panel finds necessary or appropriate; and (2) may require the owner or custodian to pay all costs of impoundment. (c) All other violations. If the Panel determines that the owner or custodian is in violation of an animal control or protection law, rule, or regulation of this City or State, the Panel: (1) must require the owner or custodian to take whatever corrective actions the Panel finds necessary or appropriate; and (2) may require the owner or custodian to pay all costs of impoundment or related to the violation. (Ord. 11-573.)

Baltimore City Code, Health Code, § 10-1008 Appeal to Commissioner.

§ 10-1008. Appeal to Commissioner. (a) Right to seek. (1) If a party is aggrieved by the decision of the Panel, the party may appeal the decision to the Commissioner as provided in this section. (2) Title 2, Subtitle 3 {“Administrative Hearings”} of this article does not apply to this appeal. (b) Time and manner of request. The appeal must be in writing and submitted to the Commissioner within 10 days of the Panel’s decision. (c) Final decision. (1) The Commissioner may modify the Panel’s decision within 10 days of the appeal, in which case the decision of the Commissioner is final. (2) If the Commissioner does not modify the Panel’s decision within 10 days of the appeal, the decision of the Panel is decision. (Ord. 15-322; Ord. 11-573.)

Source: City of Baltimore Department of Legislative Reference, City of Baltimore Law Library (codes.baltimorecity.gov; Open Law Library bulk XML)URL: https://codes.baltimorecity.gov/us/md/cities/baltimore/code/health/10/10/IIFetched: 10/25/2026