# Part IV – Hearing Procedures

Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.

## § 42-36 Hearing procedures.

Balt., Md., Code art. 1, § 42-36 (2026)

(a) If the Director refers a complaint for a hearing before the Board under § 42-29 {“Director’s action upon completed report of findings”} of this subtitle, the Board must provide the respondent with notice and an opportunity for a hearing before the Board.

(b) In any hearing conducted by the Board, the respondent is entitled to be represented by counsel.

(c) The Board may issue a subpoena to require any person to:

  (1) produce information, documents, reports, records, accounts, or any other evidence; and

  (2) appear under oath to testify.

(d) The Chair may administer oaths as permitted under this subtitle.

*History: *

## § 42-37 Board disposition and remedies.

Balt., Md., Code art. 1, § 42-37 (2026)

(a) If, upon consideration of the entire record produced at the hearing, the Board finds by a preponderance of the evidence  that the respondent has violated the City Code, the Board may, as appropriate for the nature of the offense and subject to other applicable law, take 1 or more of the following actions:

  (1) issue an order directing the respondent to cease and desist from the violation;

  (2) issue a reprimand;

  (3) revoke or suspend the respondent’s license;

  (4) report to any appropriate government agency with jurisdiction any information concerning a violation of any law;

  (5) order the respondent to restore money or property to the person who made the complaint;

  (6) order the respondent to pay any costs of investigation or related activities of the Department;

  (7) impose and order the respondent to pay any relevant civil penalty authorized by law; and

  (8) take any other action that would:

    (i) assist the person who made the complaint in obtaining relief; or

    (ii) prevent future violations of law.

(b) In ordering any remedy, the Board shall consider:

  (1) the severity of the violation;

  (2) the severity of any harm to consumers;

  (3) the motives of the respondent;

  (4) any previous violations by the same business or business owner;

  (5) whether the remedy will deter future misconduct; and

  (6) whether a stop order or restitution would sufficiently protect consumers or the person who made the complaint.

*History: *

## § 42-38 Enforcement by Director.

Balt., Md., Code art. 1, § 42-38 (2026)

(a) If any person does not comply with any subpoena issued under this subtitle, the Director may enforce the subpoena by seeking injunctive or other appropriate relief in a court of competent jurisdiction.

(b) The Director may bring an action in any court of competent jurisdiction to recover any civil penalty imposed by the Director or the Board.

(c) The Director may bring an action in any court of competent jurisdiction to enforce any order, decision, or other enforcement action of the Board.

(d) The Director may seek injunctive or other appropriate relief in a court of competent jurisdiction to enforce any provision of law under the Department’s jurisdiction.

*History: *

## § 42-39 Assistance of City Solicitor and other departments.

Balt., Md., Code art. 1, § 42-39 (2026)

(a)

  (1) The Office of the City Solicitor shall reasonably assist the Department and Board in carrying out the Department’s and Board’s respective duties under this subtitle, including in any judicial enforcement action.

  (2) Nothing in this subtitle shall limit the authority of the Office of the City Solicitor to bring an enforcement action under City Code Article 2, Subtitle 4 {“Unfair, abusive, or deceptive trade practices”}.

(b) The Department and Board may request the assistance of other City departments as necessary to carry out the Department and Board’s respective duties under this subtitle.

*History: *

## § 42-40 Judicial review.

Balt., Md., Code art. 1, § 42-40 (2026)

A respondent or other person aggrieved by a final decision of the Board or Director under this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure.

*History: *

## § 42-41 Confidentiality.

Balt., Md., Code art. 1, § 42-41 (2026)

(a) To the extent permitted by the Maryland Public Information Act, after a complaint is filed:

  (1) the proceedings, meetings, and activities of the Department, the Board, and the Department’s staff relating to the complaint are confidential; and

  (2) neither the Department, the Board, nor the Department’s staff may disclose any information relating to the complaint, including the identity of the complainant or the respondent.

(b)

  (1) The Department may release any information other than the complainant’s identity if the respondent has agreed in writing to the release.

  (2) The Department may disclose the complainant’s identity to the respondent if the complainant has agreed in writing to the release.

(c) To the extent permitted by the Maryland Public Information Act, the confidentiality protections imposed by this section terminate when the Director or Board determines that the respondent or another person has violated any provision of the City Code under the Department’s jurisdiction.

*History: *