Section 128. Administrative and Judicial Review
128.1 Right of review.
If any person is aggrieved by any notice, order, permit, penalty assessment, or other act of the Building Official, the person may apply in writing to the Building Official for a review.
128.2 Application – General.
The application for review must:
1. be made within 10 days of the action for which review is sought,
2. set forth in full the reasons for the review, and
3. either be:
a. mailed to the Building Official by certified or registered mail, return receipt requested, or
b. delivered to the Building Official's office and stamped received by the office.
128.3 Application – Emergencies.
In the case of an emergency that presents substantial and imminent danger to life, property, or the general public welfare, the time for requesting review may be shortened or eliminated, as specified in the applicable notice, order, permit, penalty assessment, or other act.
128.4 When review to be held.
The requested review must be held within a reasonable time. If a notice, order, permit, penalty assessment, or other act requires action within 10 days or less and an application for review is made before the notice, order permit, penalty assessment, or time for other act expires, the Building Official must promptly schedule a hearing, to be conducted in accordance with § 128.5 {"Hearings"}.
128.5 Hearings.
All hearings must be conducted in accordance with this § 128.5.
128.5.1 Hearings to be public.
All hearings must be open to the public.
128.5.2 Notification of complainants.
Before a hearing, the Building Official must notify all persons who the Building Official knows are interested in the hearing of its scheduled date, time, place, and purpose.
128.5.3 Time and place for hearings.
Hearings must be held:
1. at the time the Building Official designates, and
2. in the office of the Building Official or at any other place the Building Official designates.
128.5.3.1 Postponements.
The Building Official may postpone a hearing only for good cause shown.
128.5.4 Hearing officer or panel.
A hearing officer or 3-person panel designated by the Building Official presides at all hearings. The individual who issued the notice, order, permit, penalty assessment, or other act being appealed may not serve as the hearing officer or as a member of the panel.
128.5.5 Rules for conducting hearings.
128.5.5.1 Building Official.
The Building Official may adopt general rules and regulations for the proper conduct of hearings.
128.5.5.2 Hearing officer or panel.
The hearing officer or panel may set requirements to ensure a fair and expeditious hearing. The requirements set:
1. may include the holding of a pre-hearing conference, the briefing of certain issues, deadlines for the filing of motions, and other scheduling matters, but
2. may not be inconsistent with the general rules and regulations adopted by the Building Official.
128.5.6 Decision.
Within 30 days after a hearing is completed, the hearing officer or panel must render a decision.
128.5.6.1 Form and contents.
The decision must:
1. be in writing, and
2. contain separate statements of:
a. the findings of fact,
b. the conclusions of law, applying the relevant provisions of law to the findings of fact, and
c. the decision or order.
128.5.6.2 Distribution.
A copy of the decision must be mailed or delivered to each party or that party's attorney of record.
128.5.6.3 Final administrative decision.
A decision issued under this § 128 is a final administrative decision.
128.5.7 Records.
The Department must keep a complete record of all papers filed in connection with any hearing, together with a copy of the written decision.
128.5.8 Transcript.
The costs of preparing a hearing transcript must be paid by the party requesting the transcript.
128.6 Judicial review.
A party aggrieved by the decision may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. 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.
128.6.1 Proceedings not stayed.
A judicial review or appeal does not stay any criminal or equitable proceedings or prevent the Building Official from pursuing any other action or enforcement procedure authorized by law.