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<baltimore-city-law heading="§ 2-17 Administrative appeal.">
  <section prefix="§" num="2-17" heading="Administrative appeal.">
    <para num="(a)" 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 the Retirement Savings Plan may appeal that determination or action to the Board of Trustees.</para>
    <para num="(b)" 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="(c)" heading="Hearing.">
      <para num="(1)">On receipt of a notice of appeal, the Board must hold a hearing on the appeal as soon as administratively practicable.</para>
      <para num="(2)">Except as otherwise provided in this section 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="(i)">the hearing must be conducted in an orderly but informal manner; and</para>
        <para num="(ii)">formal rules of evidence and trial procedures do not apply.</para>
      </para>
    </para>
    <para num="(d)" heading="Counsel.">
      <para num="(1)">The person filing the appeal may be represented by counsel at the hearing.</para>
      <para num="(2)">The Plan will be represented by the City Solicitor or the Solicitor’s designee.</para>
    </para>
    <para num="(e)" 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="(f)" heading="Decision.">
      <para num="(1)">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="(2)">In its decision, the Board may affirm, modify, or reverse the determination or action from which the appeal was taken.</para>
    </para>
    <annotation type="History">Ord. 14-216</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 subsection (c)(2) of this section 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>
