(a) Jurisdiction.
(1) As provided in this Chapter, the Animal Matters Hearing Board has jurisdiction to hear:
(A) original complaints involving allegations of violations of this Chapter or a violation of the terms of an adoption agreement; and
(B) appeals from any decision or order of the Executive Director.
(2) The Board must not enter an order that conflicts with a decision of the County Circuit or District Court.
(3) The Board must not hear a complaint or an appeal involving the seizure of an animal if the owner has been arrested and charged with violating any provision of Title 10, Subtitle 6 of the Criminal Law Article or Section 21-1004.1 of the Transportation Article of the Maryland Code until the charges have been finally resolved by the court with jurisdiction.
(b) Complaints. A person may file a complaint with the Board alleging a violation of this Chapter or a violation of an animal shelter adoption contract. A complaint must be filed within one year after the alleged violation occurred.
(c) Membership.
(1) The Animal Matters Hearing Board consists of 7 members appointed by the County Executive and confirmed by the County Council. The Board must include:
(A) a representative of licensed animal fanciers;
(B) a representative of the County Humane Society; and
(C) 5 public members.
(2) The Executive may remove a member who misses three meetings during a fiscal year without permission of the Chair.
(3) Each member serves for 3 years or until a successor takes office, whichever is later. A person appointed to fill a vacancy fills the remainder of the predecessor’s term.
(4) The Board must elect a Chair each year from among its members.
(d) Duties. The Board must:
(1) decide complaints and appeals under this Chapter, including complaints alleging a violation of an animal shelter adoption contract;
(2) recommend standards to maintain regulated facilities; and
(3) report annually to the Executive and Council on the Board’s activities and any recommendations for improving animal control laws, regulations, and programs.
(e) Authority. The Board may:
(1) Order the Executive Director to seize, impound, destroy, or take any other action the Board decides is necessary regarding an animal that is suffering cruelty, dangerous or potentially dangerous, or causing a public nuisance or other violation of this Chapter.
(2) Specify conditions under which an owner may keep an animal that the Board finds has suffered cruelty, is dangerous or potentially dangerous, or caused a public nuisance or other violation of this Chapter.
(3) Require an owner to forfeit an animal to the County or prohibit the owner from harboring an animal in the County.
(4) Impose conditions on an owner harboring other animals in the County.
(5) Revoke or suspend a facility’s license for a violation of this Chapter.
(6) Appoint a person to mediate a case if the owner and each complainant (which may include the Office) agree. A consent order resulting from mediation is an order of the Board. If the mediator or the Board finds that the parties are not likely to agree to a mediated consent order within a reasonable time, the Board must decide the case.
(7) Order the owner of an animal to pay actual damages (including medical or veterinary expenses) not exceeding $1,000 to a person injured or aggrieved by the animal’s actions or behavior. This limit applies separately to each incident resulting in a violation of an animal control law.
(8) In a case based on a complaint or appeal, the Board, in addition to ordering the payment of damages, may order the losing party to pay filing fees or other reasonable hearing-related expenses.
(f) Procedures. Hearings on Original Complaints.
(1) The Administrative Procedures Act (Chapter 2A) applies to the Board’s hearings and decisions, unless otherwise expressly provided in this Chapter. The Board may issue procedural rules to implement this subsection. The Board may hold an emergency hearing under Section 2A-9.
(2) Except as provided in Section 2A-9, the Board must provide notice of any hearing to the parties at least 15 days before the hearing. The parties may agree to a shorter notice period. The Board may provide notice by first class mail, which is effective 3 days after the notice is placed in the mail, postage prepaid, to the last known address of the person to whom the notice is addressed.
(g) Fee. The Executive may set by regulation a fee for filing a complaint with the Board. The filer must pay the fee to the Office. The Board or the Animal Control Officer may waive the filing fee in response to a written request. If the parties agree to a consent order after mediation, the Board may refund the filing fee.
(h) Support. The Chief Administrative Officer must provide the services and County facilities that are reasonably necessary for the Board to perform its duties. The County Attorney must provide legal counsel to the Board. The Chief Administrative Officer may employ or retain a veterinarian to furnish technical expertise as the Board needs. (1999 L.M.C., ch. 10, § 1; 2001 L.M.C., ch. 2, § 1; 2005 L.M.C., ch. 22, § 1; 2005 L.M.C., ch. 24, § 1; 2016 L.M.C., ch. 12, § 1; 2020 L.M.C., ch. 18, §1.)
Editor’s note—Section 5-104 is cited in Montgomery County v. Post, 888 A.2d 1224 (2005), regarding the standard of review in administrative appeals.
See County Attorney Opinion dated 7/8/02 describing the extent to which quasi-judicial officials may engage in political activities. See County Attorney Opinion dated 2/27/00 explaining that the term “veterinary technician” does not require a person to be registered with the State Board of Veterinary Medical Examiners. See County Attorney Opinion dated 4/13/99-A discussing what should occur when an Ethics Commission member holds over as a result of the Council not having confirmed a newly appointed member. (Opinion refers to former § 5-9.)