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<baltimore-city-law heading="§ 15 Administrative appeal; Judicial review.">
  <section prefix="§" num="15" heading="Administrative appeal; Judicial review.">
    <para num="(a)" heading="Administrative appeal.">
      <para num="(1)" heading="Right of appeal.">Any person aggrieved by a determination made or action taken with respect to a person’s eligibility for membership in or benefits under this System may appeal that determination or action to the Board of Trustees.</para>
      <para num="(2)" heading="When and how taken.">A notice of appeal must be filed with the Board within 1 year of the determination or action in question.</para>
      <para num="(3)" heading="Hearing.">
        <para num="(i)">On receipt of a notice of appeal, the Board must hold a hearing on the appeal as soon as administratively practicable.</para>
        <para num="(ii)">Except as otherwise provided in this subsection or, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the &lt;cite data-path="|general"&gt;City General Provisions Article&lt;/cite&gt;, by rule or regulation of the Board:<para num="(A)">the hearing must be conducted in an orderly but informal manner; and</para>
          <para num="(B)">formal rules of evidence and trial procedures do not apply.</para>
        </para>
      </para>
      <para num="(4)" heading="Counsel.">
        <para num="(i)">The person filing the appeal may be represented by counsel at the hearing.</para>
        <para num="(ii)">This System will be represented by the City Solicitor or the Solicitor’s designee.</para>
      </para>
      <para num="(5)" heading="Witnesses.">All witnesses testifying at the hearing must do so under oath or by affirmation, subject to the penalties of perjury.</para>
      <para num="(6)" heading="Decision.">
        <para num="(i)">As soon as administratively practicable after the hearing, the Board must render its decision and notify the person filing the appeal of that decision.</para>
        <para num="(ii)">In its decision, the Board may affirm, modify, or reverse the determination or action from which the appeal was taken.</para>
      </para>
    </para>
    <para num="(b)" heading="Judicial review and appellate review.">
      <para num="(1)" heading="Judicial review.">A party aggrieved by a final decision of the Board of Trustees under subsection (a) of this section may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure.</para>
      <para num="(2)" heading="Appellate review.">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.</para>
    </para>
    <annotation type="History">Ord. 16-488</annotation>
    <annotation type="History">Text Conformed 02/22/21</annotation>
    <annotation type="Editor's Notes">By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed paragraph (a)(3)(ii) to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.</annotation>
  </section>
</baltimore-city-law>
