Subtitle 8 – Administrative and Judicial Review
Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.
Balt., Md., Code art. 7, § 8-1 (2026)
§ 8-1 Administrative review – In general.LinkCopy Citation
(a)Right of appeal.
Any person aggrieved by the action of the Floodplain Manager or other official charged with the enforcement of this Division I, whether as the result of the disapproval of an application, the issuance of a violation notice, an alleged failure to properly enforce this Division I, or otherwise:
(1)
may appeal the action to the Planning Director; and
(2)
on timely request, is entitled to a hearing on that appeal.
(b)When and how taken.
The appeal must:
(1)
be in writing;
(2)
state clearly the grounds on which the appeal is based;
(3)
if the person aggrieved desires a hearing on the appeal, contain an express statement to that effect; and
(4)
be filed with the Director within 10 days of the action in dispute.
History: Ord. 14-208
History: Ord. 14-307
Balt., Md., Code art. 7, § 8-2 (2026)
§ 8-2 Administrative review – Delegation of hearing authority.LinkCopy Citation
(a)In general.
Hearings may be conducted by:
(1)
the Planning Director; or
(2)
a hearing officer designated by the Planning Director.
(b)Scope of delegation.
The Director may delegate to a hearing officer the authority to issue:
(1)
proposed or final findings of fact;
(2)
proposed or final conclusions of law;
(3)
proposed or final findings of fact and conclusions of law;
(4)
proposed or final orders; or
(5)
the final administrative decision of the Department.
History: Ord. 14-208
Balt., Md., Code art. 7, § 8-3 (2026)
§ 8-3 Administrative review – Conduct of hearing.LinkCopy Citation
(a)Notice.
(1)
The Planning Director must provide all parties reasonable written notice of the hearing.
(2)
The notice must state:
(i)
the date, time, place, and nature of the hearing;
(ii)
the right of a party to be represented, at the party’s own expense, by an attorney or, if permitted by law, other representative;
(iii)
the right of a party to call witnesses and submit documents or other evidence under <cite data-path="|7|§8-4">§ 8-4 {“Administrative review – Evidence”} of this subtitle</cite>; and
(iv)
that failure to appear for the scheduled hearing may result in an adverse action against the party.
(b)Hearings to be open and informal.
Except as otherwise provided by law or by rule or regulation of the Planning Director, all hearings must be:
(1)
open to the public; and
(2)
conducted in an orderly but informal manner.
History: Ord. 14-208
Balt., Md., Code art. 7, § 8-4 (2026)
§ 8-4 Administrative review – Evidence.LinkCopy Citation
(a)In general.
Except as otherwise provided by this section or by rule or regulation of the Planning Director, formal rules of evidence and trial procedures do not apply.
(b)Right to submit.
On a genuine issue of fact, a party is entitled to:
(1)
call witnesses;
(2)
offer evidence, including rebuttal evidence;
(3)
cross-examine any witness that another party or the Planning Director calls; and
(4)
present summation and argument.
(c)Scope.
The Planning Director or hearing officer:
(1)
may admit probative evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs and give probative effect to that evidence;
(2)
may not exclude evidence solely on the basis that it is hearsay;
(3)
must give effect to a privilege recognized by law;
(4)
may receive documentary evidence in the form of copies or excerpts or through incorporation by reference;
(5)
may take official notice of a fact that is judicially noticeable or that is general, technical, or scientific and within the specialized knowledge of the Planning Department; and
(6)
may exclude evidence that is:
(i)
incompetent;
(ii)
irrelevant;
(iii)
immaterial; or
(iv)
unduly repetitious.
History: Ord. 14-208
Balt., Md., Code art. 7, § 8-5 (2026)
§ 8-5 Administrative review – Final decision.LinkCopy Citation
(a)Form and contents.
A final decision must:
(1)
be in writing; and
(2)
contain separate statements of:
(i)
the findings of fact;
(ii)
the conclusions of law; and
(iii)
the decision or order.
(b)Distribution.
A copy of the final decision must be mailed or delivered to each party or that party’s attorney of record.
History: Ord. 14-208
History: Ord. 14-307
Balt., Md., Code art. 7, § 8-6 (2026)
§ 8-6 Administrative appeals.LinkCopy Citation
(a)Appeal to Commission.
An applicant who is aggrieved by the final site plan decision of the Director of Planning may appeal that decision to the Planning Commission.
(b)When filed.
Appeals must be filed within 30 days of the Planning Director’s final decision, as specified in <cite data-path="|7|§8-5">§ 8-5 {“Administrative review- Final decisions”} of this subtitle</cite>.
(c)Hearing.
The Planning Commission must review the Director’s decision at a public hearing held within 45 days of receiving the appeal.
History: Ord. 21-020
Balt., Md., Code art. 7, § 8-7 (2026)
§ 8-7 Judicial and appellate review.LinkCopy Citation
(a)Judicial review.
A party aggrieved by a final decision of the Planning Department 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.
(b)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.
History: Ord. 14-208
History: Ord. 19-332