City of Baltimore
Baltimore City Code

§ 15. Administrative appeal; Judicial review.

(a) Administrative appeal.

(1) Right of appeal.

Any person aggrieved by a determination made or action taken with respect to a person's eligibility for membership in or benefits under this System may appeal that determination or action to the Board of Trustees.

(2) When and how taken.

A notice of appeal must be filed with the Board within 1 year of the determination or action in question.

(3) Hearing.

(i) On receipt of a notice of appeal, the Board must hold a hearing on the appeal as soon as administratively practicable.

(ii) Except as otherwise provided in this subsection or, subject to Title 4 {"Administrative Procedure Act – Regulations"} of the City General Provisions Article, by rule or regulation of the Board:

(A) the hearing must be conducted in an orderly but informal manner; and

(B) formal rules of evidence and trial procedures do not apply.

(4) Counsel.

(i) The person filing the appeal may be represented by counsel at the hearing.

(ii) This System will be represented by the City Solicitor or the Solicitor's designee.

(5) Witnesses.

All witnesses testifying at the hearing must do so under oath or by affirmation, subject to the penalties of perjury.

(6) Decision.

(i) As soon as administratively practicable after the hearing, the Board must render its decision and notify the person filing the appeal of that decision.

(ii) In its decision, the Board may affirm, modify, or reverse the determination or action from which the appeal was taken.

(b) Judicial review and appellate review.

(1) Judicial review.

A party aggrieved by a final decision of the Board of Trustees under subsection (a) of this section may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure.

(2) Appellate review.

A party to the judicial review may appeal the court's final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure.