Except as otherwise specified in <cite data-path="|health">this article</cite>, this subtitle applies whenever:a person is aggrieved by a notice, order, decision, or other action of the Department; or the Department proposes to deny, revoke, suspend, or refuse to renew a license or permit. This subtitle does not apply to matters that:relate to the Health Department’s Office of Animal Control, or otherwise arise under Title 10 {“Animal Control and Protection”} of <cite data-path="|health">this article</cite>. Ord. 99-548 Ord. 15-322

Before the Commissioner takes any final action to deny, revoke, suspend, or refuse to renew a license or permit, the Commissioner must notify the person against whom the action is contemplated of the proposed action. The notice must:be in writing; and state that a hearing will be provided if, within 10 days of the notice (or any longer period specified in the notice), the person files with the Commissioner a written request for a hearing. In all other situations, any person aggrieved by a notice, order, decision, or other action of the Department 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 Commissioner within 10 days of the notice, decision, order, or other action. Ord. 99-548

Hearings may be conducted by:the Commissioner; or a hearing officer designated by the Commissioner. The Commissioner 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. 99-548

The Commissioner 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="|health|§2-305">§ 2-305 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. 99-548

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 Commissioner 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. 99-548

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. 99-548

A party aggrieved by a final decision 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. 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. 99-548 Ord. 04-672