There is an Animal Hearing Panel in the Department. City Code, 1976/83, art. 11, §40A(b)(part) Ord. 99-548 Ord. 11-573

The Panel comprises at least 3 members appointed by the Commissioner. The members of the Panel must have expertise in animal behavior. The term of a member of the Panel is at the discretion of the Commissioner. Panel members are compensated as provided in the Ordinance of Estimates, but receive no benefits from the City. City Code, 1976/83, art. 11, §40A(b)(part) Ord. 99-548 Ord. 11-573 Ord. 13-175

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Panel may adopt rules and regulations to govern its procedures and hearings. City Code, 1976/83, art. 11, §40A(b)(3) Ord. 99-548 Ord. 11-573 Text Conformed 03/10/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed this section to refer expressly to and reflect 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.

Before the Office takes any final action to deny, amend, suspend, revoke, or refuse to renew a license or permit, the Office must notify the person against whom the action is contemplated of the proposed action. The notice must state that a hearing will be provided if, within 10 days of the notice (or anylonger period specified in the notice), the person files with the Panel a written request for a hearing. In all other situations, any person aggrieved by a notice, order, decision, or other action of the Office may request a hearing on the matter. The request must:be in writing; state the grounds on which the person is contesting the notice, decision, order, or other action; and unless a different time is specified in <cite data-path="|health">this article</cite>, be filed with the Panel within 10 days of the notice, decision, order, or other action. City Code, 1976/83, art. 11, §40A(e)(1) - (3) Ord. 99-548 Ord. 11-573

Any hearing pertaining to the determination of whether an animal is a dangerous or vicious animal requires the presence of 3 members of the Panel. All other hearings under this title only require the presence of at least 1 member of the Panel. Once a timely request for a hearing is filed, the Panel must promptly schedule the hearing. At least 5 days before the hearing, the Panel must provide notice of the hearing to the owner or custodian of the animal, any complainant, and any other interested parties. Except as otherwise provided by law or by rule or regulation of the Panel, the notice must contain the same information as that required by Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>. Except as otherwise provided by law or by rule or regulation of the Panel, the hearing must be conducted in an informal manner, subject to the same procedures and standards for the submission and consideration of evidence as that provided in Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>. Ord. 11-573

The decision of the Panel must comply with the same requirements as those imposed by Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>. On the question of whether an animal is a vicious animal, the Panel must determine, based on the facts presented:whether the animal:is a vicious animal; is not a vicious animal, but is a dangerous animal; or is neither a vicious nor a dangerous animal; and what, if any, corrective action is appropriate. On the question of whether an animal is a dangerous animal, the Panel must determine, based on the facts presented:whether the animal:is a dangerous animal; or is not a dangerous animal; and what, if any, corrective action is appropriate. On the question of any other violation of the animal control and protection laws, rules, and regulations of this City and State, the Panel must determine:a violation has or has not occurred; and what, if any, corrective action is appropriate. City Code, 1976/83, art. 11, §40A(e)(4), (5) Ord. 99-548 Ord. 07-632 Ord. 11-573

If the Panel determines that an animal is a vicious animal, the Board:must direct the Commissioner to immediately euthanize the animal in the most humane way possible; and may:require the owner or custodian to pay all costs of impoundment; and refer the matter to the State’s Attorney for prosecution. If the Panel determines that the animal is a dangerous animal, the Panel:must require the owner or custodian to take whatever corrective actions the Panel finds necessary or appropriate; and may require the owner or custodian to pay all costs of impoundment. If the Panel determines that the owner or custodian is in violation of an animal control or protection law, rule, or regulation of this City or State, the Panel:must require the owner or custodian to take whatever corrective actions the Panel finds necessary or appropriate; and may require the owner or custodian to pay all costs of impoundment or related to the violation. Ord. 11-573

If a party is aggrieved by the decision of the Panel, the party may appeal the decision to the Commissioner as provided in this section. Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite> does not apply to this appeal. The appeal must be in writing and submitted to the Commissioner within 10 days of the Panel’s decision. The Commissioner may modify the Panel’s decision within 10 days of the appeal, in which case the decision of the Commissioner is final. If the Commissioner does not modify the Panel’s decision within 10 days of the appeal, the decision of the Panel is decision. Ord. 11-573 Ord. 15-322

If an impounded animal’s owner or custodian requests a hearing before the Panel, or appeals a decision of the Panel, the Office may continue to hold and care for the impounded animal while its case is before the Panel, and, if the Panel’s decision is appealed, while the Commissioner is considering the appeal. Ord. 15-322

If an animal is held under <cite data-path="|health|§10-1009">§ 10-1009 {“Office to hold animal”} of this subtitle</cite> while a requested hearing or appeal is pending, all costs for care or other expenses of the animal incurred by the Office from the time of impoundment through the Commissioner’s final decision are a personal debt due to the City or its agent by the owner or custodian of the animal. The Office or its agent must, within a reasonable time of the final decision, calculate the cost, which may include:food, veterinary care, and other necessities that a responsible owner or custodian would provide for the animal; and other costs, such as staffing and administrative expenses, as allowed by rule or regulation adopted by the Commissioner under <cite data-path="|health|§2-106">§ 2-106 {“Rules and Regulations”} of this article</cite>. The owner or custodian must pay the costs calculated by the Office within 72 hours of receiving notice from the Office or its agent of the amount. The payment must be made in cash or other method acceptable to the Director of Finance. If the final decision of the Commissioner overturns the impoundment, the City may not charge the owner or custodian for any costs incurred under this section. Ord. 15-322 Text Conformed 03/10/21 Text of subsection (b) conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.