Any person aggrieved by the action of any official charged with the enforcement of this Division II, whether as the result of the disapproval of an application, the issuance of a violation notice, an alleged failure to properly enforce this Division II, or otherwise:may appeal the action to the Director of Public Works; and on timely request, is entitled to a hearing on that appeal. The appeal must:be in writing; state clearly the grounds on which the appeal is based; if the person aggrieved desires a hearing on the appeal, contain an express statement to that effect; and be filed with the Director within 10 days of the action in dispute. Ord. 02-367 Ord. 14-307 Ord. 19-332

Hearings may be conducted by:the Director of Public Works; or a hearing officer designated by the Director. The Director may delegate to a hearing officer the authority to issue:proposed or final findings of fact; proposed or final conclusions of law; proposed or final findings of fact and conclusions of law; proposed or final orders; or the final administrative decision of the Department. Ord. 02-367

The Director of Public Works must provide all parties reasonable written notice of the hearing. The notice must state:the date, time, place, and nature of the hearing; the right of a party to be represented, at the party’s own expense, by an attorney or, if permitted by law, other representative; the right of a party to call witnesses and submit documents or other evidence under <cite data-path="|7|§28-8">§ 28-8 of this subtitle</cite>; and that failure to appear for the scheduled hearing may result in an adverse action against the party. Except as otherwise provided by law or by rule or regulation of the Department, all hearings must be:open to the public; and conducted in an orderly but informal manner. Ord. 02-367

Except as otherwise provided by this section or by rule or regulation of the Department, formal rules of evidence and trial procedures do not apply. On a genuine issue of fact, a party is entitled to:call witnesses; offer evidence, including rebuttal evidence; cross-examine any witness that another party or the Department calls; and present summation and argument. The Director or hearing officer:may admit probative evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs and give probative effect to that evidence; may not exclude evidence solely on the basis that it is hearsay; must give effect to a privilege recognized by law; may receive documentary evidence in the form of copies or excerpts or through incorporation by reference; 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 Department; and may exclude evidence that is:incompetent; irrelevant; immaterial; or unduly repetitious. Ord. 02-367

A final decision must:be in writing; and contain separate statements of:the findings of fact; the conclusions of law; and the decision or order. A copy of the final decision must be mailed or delivered to each party or that party’s attorney of record. Ord. 02-367

A party aggrieved by a final decision of the Department under this Division II may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. 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. Ord. 02-367 Ord. 04-672 Ord. 19-332

Any person who violates any provision of this Division II or of any rule or regulation adopted under or incorporated into this Division II is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 1 year or both fine and imprisonment for each violation. Each day that a violation continues is a separate offense. Ord. 02-367