§ 2-21. Office of Customer Advocacy . . . – Appeals.

(a) Independent review by third-party hearing officer.

(1) DPW shall contract with the Environmental Control Board to make available hearing officers to provide an independent review of customer appeals from a Customer Advocate's investigative report.

(2) Hearing officers and individuals conducting or overseeing these independent reviews:

(i) may not be made to suffer any adverse employment action without cause; and

(ii) to avoid even the appearance of a conflict of interest:

(A) may not engage in any ex parte communication involving a matter pending before the ECB; and

(B) may not communicate with any DPW official or employee about preferences for the outcome of a matter that might come before the ECB.

(b) Customer's right to appeal.

(1) A customer is entitled to file an appeal with the Environmental Control Board within 30 calendar days of receipt of a Customer Advocate's investigative report or within 45 calendar days of asking for assistance from the customer advocate.

(2) The appeal must be filed:

(i) in-person, at an address designated by the Environmental Control Board;

(ii) electronically, in a format approved by the Environmental Control Board; or

(iii) by first-class mail, postmarked within 30 calendar days of receipt of the report.

(1) Within 30 days of the filing of an appeal, the Environmental Control Board shall:

(i) promptly schedule an in-person hearing with a hearing officer; and

(ii) notify the Department, the customer, and the Customer Advocate of the date, time, and location of the hearing.

(2) The customer must be given at least 15 calendar days notice of the hearing's date, time, and location.

(d) Customer's prerogatives.

At the hearing, the customer is entitled to:

(1) represent him- or herself or be represented by an attorney;

(2) present his or her case with evidence;

(3) submit evidence in rebuttal; and

(4) conduct cross-examination.

(e) Customer Advocate to appear at hearing.

At the hearing, the Customer Advocate shall appear and may be questioned by the customer, the Department, and the hearing officer.

(f) Conduct of hearing.

(1) Hearings shall be conducted in a full, fair, impartial, and orderly manner.

(2) Except as otherwise provided by law, formal rules of evidence and trial procedures do not apply.

(3) The hearing shall be filmed, audio recorded, or transcribed.

(4) To facilitate the resolution of an appeal, the hearing officer may:

(i) administer oaths and affirmations;

(ii) examine witnesses and take testimony;

(iii) issue summonses and subpoenas, especially those requested by the customer or the Department and received by the hearing officer at least 7 days before the hearing;

(iv) request investigative reports prepared by the Customer Advocate and any relevant Department records or information;

(v) regulate the course and conduct of hearings, which shall be conducted:

(A) informally, in a manner to ascertain the substantial rights of the customer and the Department; and

(B) without the hearing officer's being bound by common law or statutory rules as to the admissibility of evidence or by technical rules of procedure;

(vi) consider whether reported meter readings are so unreasonably high as to be prima facie evidence that the meter is not functioning properly or is the wrong size;

(vii) rule on motions or informal requests; and

(viii) continue any hearing as deemed necessary for the efficient disposition of the matter, but the hearing officer may not receive ex parte, directly or indirectly,any additional evidence or communication regarding the merits of any issue in the matter during the continuance.

(g) Hearing officer's proposed decision.

(1) After the hearing has concluded, the hearing officer shall issue a written proposed decision, including a statement of material facts and conclusions of law.

(2) The proposed decision:

(i) shall be based on consideration of the entire record;

(ii) may include the forms of relief specified in § 2-20(c) {"Office ... – Customer-advocacy services: Examples of potential relief"} of this subtitle; and

(iii) may not increase any charges in a bill issued to a residential- or tenant-water-utility customer.

(3) The hearing officer's proposed decision shall be communicated by mail to the customer and to the DPW Director no later than 30 days after the hearing, unless the customer agrees in writing to a longer period.

(h) Review and final decision or remand by Director.

(1) Promptly on receipt of the hearing officer's proposed decision, the DPW Director:

(i) shall review the proposed decision and the administrative record of the dispute; and

(ii) shall:

(A) issue a final agency decision that:

i. adopts the hearing officer's proposed decision; or

ii. modifies the hearing officer's proposed decision and, in writing:

1. specifies each of the Director's modifications; and

2. explains the reasons for each modification; or

(B) if the hearing officer's proposed decision fails to provide sufficient information on which to render a final decision, issue an order that describes the deficiency and remands the matter to the hearing officer for further proceedings.

(2) The Director shall promptly serve a copy of the final agency decision or the remand order, as the case may be, on each party to the proceeding and, if not a party, on the owner of the property.

(i) Judicial and appellate review.

(1) Judicial review.

A customer or other party aggrieved by a final decision under 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 Circuit Court's final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure.