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(a) Composition. The Commission consists of seven members. Of the seven members, one shall be the Health Officer or the Health Officer's representative; one shall be the Chief or the Chief's representative; and five shall be citizen members appointed by the County Executive. Of the five citizen members, one shall be a local veterinarian or an alternative veterinarian representative; one shall be appointed from Councilmanic District 1, 2, or 3; one shall be appointed from Councilmanic District 4 or 5; one shall be appointed from Councilmanic District 6 or 7; and one shall be appointed at large.
(b) Term. The term of a citizen member is two years. A citizen member appointed to fill an unexpired term serves only until the term expires and until a successor is appointed and qualifies. A citizen member may not serve more than two full consecutive terms.
(c) Expenses. Members are not entitled to compensation for their services, but are entitled to reimbursement for expenses as provided in the budget.
(d) Attendance by Chief or Chief's designee. When required by the Chair of the Commission, the Chief shall attend meetings of the Commission.
(1985 Code, Art. 12, § 2-102) (Bill No. 11-07; Bill No. 89-20)
(a) Chair. The five citizen members shall elect the Chair of the Commission. The Chair serves for one year or until the expiration of the Chair's term on the Commission, whichever occurs first. The Chair may be reelected for consecutive terms.
(b) Executive Secretary. The Chief shall serve as the Executive Secretary of the Commission, be responsible for providing staff support, schedule and arrange for meetings and hearings, and be the official custodian of the records of the Commission.
(c) Nonvoting secretary. The County Executive shall appoint an individual who is not a member of the Commission to serve as nonvoting secretary.
(d) Counsel. The Office of Law shall serve as counsel to the Commission.
(1985 Code, Art. 12, § 2-103) (Bill No. 13-89; Bill No. 11-07)
Four members of the Commission shall constitute a quorum for the transaction of business, except that, at the discretion of the Chair, the Commission may convene a panel of three members to hear complaints or appeals as provided in this title.
(1985 Code, Art. 12, § 2-104) (Bill No. 57-87)
The Commission shall meet at the call of the Chair to hear complaints or appeals as prescribed and authorized in this title and shall make recommendations to the Chief concerning:
(1) the suspension or revocation of licenses issued under this title;
(2) the disposition of animals affected by violations of this title or other law;
(3) criminal prosecution of violations of this title or other law; and
(4) other disposition of or an election of a legal remedy to correct alleged violations of this title or offenses or conditions considered by the Commission.
(1985 Code, Art. 12, § 2-105) (Bill No. 11-07)
(a) Generally. Within 30 days after receiving an appeal, petition, or a request for a hearing authorized under this article, the Commission shall convene to hear the matter. The person requesting the hearing shall be notified of the date, time, and place of the hearing.
(b) Hearing procedures.
(1) A person shall have right to counsel before the Commission.
(2) The hearing date may be postponed:
(i) by the Chief on written request by either party at least five days before the scheduled hearing date for good cause shown; or
(ii) by the Commission on the hearing date if the requesting party appears and presents good cause for a postponement.
(3) The hearing shall be open to the public.
(4) The Commission may admit all relevant evidence without regard to the formal rules of evidence.
(5) All witnesses shall testify under oath or affirmation administered by a designee of the Commission.
(c) Findings and recommendations. The Commission's duties for citations are governed by § 12-4-308. Within 15 days of a hearing on anything other than a citation, the Commission shall submit written findings and recommendations to the Chief. Within 15 days of receipt of the recommendation, the Chief shall issue a final decision, and the final decision shall be served on the owner as provided by § 12-4-102.
(d) Appeals. When appeals are considered by the Commission, the Chief may initiate corrective or enforcement action other than action relating to suspension, denial, or revocation of licenses authorized by this title.
(e) De novo appeal. The Chief's decision under §§ 12-4-403, 12-4-713, 12-4-901, or 12-4-913 is subject to de novo review by the County Board of Appeals. A person who appeared at the hearing and was aggrieved by the Chief's decision may file a written request for appeal with the Board of Appeals within 30 days of the decision.
(1985 Code, Art. 12, § 2-106) (Bill No. 67-98; Bill No. 11-07; Bill No. 90-18; Bill No. 89-20)
SUBTITLE 3. ANIMAL CARE AND CONTROL AGENCY AND OFFICERS
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