Loading...
(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
The Chief may appoint Agency officers. In enforcing this title, Agency officers shall have all powers necessary to enforce the provisions of this title and §§ 10-601 et seq. of the Criminal Law Article of the State Code, including the power to:
(1) issue and serve citations;
(2) seize, impound, or dispose of an animal;
(3) take action or order an owner to take any action necessary to protect the health or safety of an animal, a person, or the public;
(4) search private property and seize evidence or animals by obtaining a search warrant issued by a court;
(5) apply for a criminal summons or warrant; and
(6) conduct inspections of animal holding facilities, commercial kennels, pet store, and other facilities regulated by this title.
(1985 Code, Art. 12, § 3-102) (Bill No. 67-98; Bill No. 11-07; Bill No. 89-20)
(a) Probable cause. An Agency officer, an authorized representative of the Agency, or a law enforcement officer may charge a person with a violation of this title if the individual issuing the charge has probable cause, based on personal knowledge, observation, or a written affidavit of complaint, that the person charged has committed or is committing the violation.
(b) Issuance of citation. A written citation shall be issued to the person charged under this article. The citation shall be a sufficient charging document for the prosecution of the offense for which it is issued.
(c) Contents. A citation issued to a person under this section shall be on a form prescribed by the Agency and shall include:
(1) the name and address of the alleged violator;
(2) the violation alleged;
(3) a statement with a line for signature by the alleged violator acknowledging receipt of the citation;
(4) a statement setting forth the requirement of election of a choice of action which the alleged violator shall make as specified in § 12-4-305;
(5) a statement signed under penalty of perjury that the person issuing the citation has probable cause to believe the fact of the violation is correct; and
(6) other necessary information.
(1985 Code, Art. 12, § 3-104) (Bill No. 89-20)
(a) Generally. A person who receives a citation may elect to:
(1) pay the fine provided for in the citation to the Agency before the day of trial;
(2) within 15 days after service of the citation, submit a written request for a hearing before the Commission for dismissal of the citation;
(3) pay the fine if the Commission does not dismiss the citation after the hearing; or
(4) request to stand trial in the District Court on the citation.
(b) Default procedure. Failure to pay the fine or to submit a written request to the Commission within the required time period or to appear for the hearing before the Commission so requested on the date specified for the hearing shall be deemed to be an election to be tried in the District Court.
(1985 Code, Art. 12, § 3-105) (Bill No. 89-20)
Each person who issues a citation to an alleged violator shall:
(1) promptly file the original copy with the Agency;
(2) maintain or file other copies of the citation as required by the Agency; and
(3) appear for the trial of the citation should it proceed to trial and be responsible for subpoenaing necessary witnesses for the trial.
(1985 Code, Art. 12, § 3-106) (Bill No. 89-20)
On receiving the original copy of a citation issued to an alleged violator, the Agency shall:
(1) maintain a record of the alleged violation;
(2) hold the citation for 15 days from the date of service to allow the alleged violator an opportunity to request dismissal of the citation by the Commission, and, if the alleged violator requests a hearing, hold the citation until the Commission issues a decision;
(3) if the alleged violator requests a hearing before the Commission, promptly forward the original copy of the citation to the Commission; and
(4) if the alleged violator elects to stand trial in the District Court or does not request a hearing before the Commission within 15 days of service of the citation, forward the citation to District Court for trial.
(1985 Code, Art. 12, § 3-107) (Bill No. 89-20)
Loading...