Division 15. Administrative Hearings

Administrative Citation means a prepayable citation issued for the violation of any law or regulation for which this Code provides for administrative adjudication under this Division and which charges a person with violation of the law or regulation and requires the person to pay a fine and abate the infraction.

Administrative Hearing Officer means an individual nominated by the Director, but shall be approved by the Board to conduct hearings or proceedings pursuant to this Division.

Administrative Hearing Unit means the panel of Administrative Hearing Officers that conduct hearings or proceedings pursuant to this Division.

Board means the Prince George's County Nuisance Abatement Board under Section 14-173 of the County Code.

Chairperson means the Chairperson of the Board or the Chairperson's designee.

Charging agency means the Department of Permitting, Inspections and Enforcement

Day in this Division, shall mean calendar days.

Department means the Department of Permitting, Inspections, and Enforcement.

Director means the Director of the Prince George's County Department of Permitting, Inspections and Enforcement or the Director's designee.

Hearing Administrator means an individual nominated by the Director and approved by the Board to consider and issue decisions where reconsideration of an Administrative Hearing Officer's decision is requested pursuant to Sec. 13-1128 of this Code.

Inspector means a County employee of the Department of Permitting, Inspections, and Enforcement who has been authorized by the employee's agency to issue citations, or violation notices, under this Subtitle, or any other relevant provisions of the County Code.

Party means a charging agency or a respondent.

Person means:

Prima facie evidence means evidence that, on its face, would be sufficient to establish something as a fact unless later rebutted by subsequent evidence to the contrary.

Probative means tending to prove or disprove a point in a dispute.

Respondent means the person to whom a citation is issued.

Violation notice means a document issued by a department inspector, or enforcement officer informing a party of non-compliance with the law that requires abatement.

procedures for the issuance and enforcement of administrative citations, notices of violations, civil fines, and civil penalties;

procedures for the adjudication of contested matters, including the conduct of hearings and appeals by the Administrative Hearing Unit;

procedures for the enforcement of any order that is contained in a citation or made part of an order or decision of an Administrative Hearing Officer; and

procedures for authorizing, but not mandating electronic filing.

date of issuance;

the name and address of the party charged;

the address of the location at which the violation occurred;

the date and time that the violation occurred;

a description of the nature of the violation;

the section of this Code that was violated;

the manner and time in which the person shall either:

the time within which the violation, if ongoing, must be abated; and

a notice that failure to pay the fine and correct the violation, or to request a hearing, within the prescribed time may result in a default decision and order entered against the party.

issued by an Inspector; and

served on the person or property and the property owner cited by one of the following methods:

if applicable, mailed to the property owner and registered management agent for multifamily property.

constitute full and complete notice of the violation cited in it;

constitute full and complete notice of an order of abatement, if abatement is ordered; and

constitute prima facie evidence of the facts contained in it, if sworn to or affirmed under the penalties of perjury.

fails to pay the prescribed prepayable fine and abate the violation; or

fails to request a hearing on the violation; or

fails to appear on the designated hearing date, if the party has requested a hearing.

render a default decision and order against the Respondent; and

impose a civil penalty, after consideration of certain factors, which may include, the nature and severity of the underlying violation, history of past violations, mitigating or aggravating circumstances, that is:

the default decision and order;

the amount of all penalties imposed; and

the right of the Respondent, within thirty (30) days of the notice, to avoid a final judgment and collection proceedings by requesting that the default be vacated for good cause shown.

conduct hearings and other proceedings for adjudicating violations of the laws, rules, and regulations enforced by the Administrative Hearing Unit; and

have full authority to render decisions and orders, as well as impose civil penalties provided by law for those violations.

Newly discovered or newly available relevant evidence;

Need for additional evidence to establish a defense;

Probable error committed by the Administrative Hearing Officer in the proceeding, including failure to judicially notice a fact on which the decision of the Administrative Hearing Officer rests or failure to inform the respondent of a judicially noticed fact on which the decision of the Administrative Hearing Officer; or

A clear need for further consideration of the issues.

is a personal debt owed by that person to the County; and

if the offense involves real property owned by that person, creates a lien on that property in favor of the County.

are collectible from and enforceable against any of the assets of the person who incurred the penalty; and

may be collected and enforced in the same way that the County collects and enforces other debts due to it or liens in its favor.

Payment of a fine does not relieve the respondent of the obligation to correct ongoing violations by the date specified in the administrative citation.

Additional administrative citations may be issued for uncorrected violations by the date specified in the citation.

Mailing by United States Postal Service first-class mail addressed to Respondent and mailed to the property at which the violation occurred, and

Mailing by United States Postal Service first-class mail addressed to Respondent and mailed to any address provided by Respondent to the Administrative Hearing Unit during the course of administrative proceedings, and

if the Respondent is the record owner of the property at which the violation occurred, mailing by United States Postal Service first-class mail to the address shown for Respondent on the real property tax records in the Treasurer's Office for Prince George's County.

The basic prepayable civil fine for a violation of a provision is specified next to the listing of that provision in subsection (e) of this section.

The basic prepayable fines is doubled, however, on any administrative citation that is issued to a person or property if, within the past twelve (12) months:

In Section 13-101 of the County Code, the County adopted the International Property Maintenance Code, as amended in Subtitle 13 and known as the "Housing Code." An Inspector may issue and an Administrative Hearing Officer may adjudicate administrative citations issued pursuant only to Sections 108, 181, 184, 186, 187, 301, 302, 303, 304, 305, 306, and 404 of the Housing Code, and all of the respective subsections thereunder. The penalty for violation of any of the enumerated sections is $300.00 per violation. Notwithstanding the foregoing, the penalty for a violation of Section 13-186 of the Housing Code is up to Five Thousand Dollars ($5,000). Notwithstanding the foregoing, the penalty for a violation of Section 302.8 of the Housing Code is Five Hundred Dollars ($500) for the first violation, Seven Hundred Fifty ($750) for the second violation and One Thousand Dollars ($1,000) for the third and for any subsequent violations.

In Subtitle 4, Division 1 of the County Code, the County adopted and amended certain provisions of the International Building Code and the International Residential Code. An Inspector may issue and an Administrative Hearing Officer may adjudicate notices of violation and administrative citations issued pursuant to Sections 4-116, 4-117, 4-255, and 4-256 and all of the respective subsections thereunder. The penalty for violation of any of the enumerated sections is One Thousand dollars ($1,000.00) per violation.

In Subtitle 5, Division 8 of the County Code, the County enacted licensing requirements for short-term rentals. An Inspector may issue and an Administrative Hearing Officer may adjudicate penalties, citations, suspensions, and revocations issued pursuant to Sections 5-175.05, 5-175.06, and 5-175.07 of this Code, and all of the respective subsections thereunder. The penalty for violation of any of the enumerated sections is $1,000.00 per violation.

In Subtitle 13, Division 7 of the County Code, the County enacted minimum standards for maintenance of structures, equipment, and exterior property for all property and structures used or zoned for commercial and industrial purposes and for residentially zoned property where the use is other than residential. An inspector may issue and an Administrative Hearing Officer may adjudicate notices of violation and administrative citations issued pursuant to Sections 13-244 and 13-246, and all of the respective subsections thereunder. The penalty for an administrative citation issued pursuant to any of the enumerated sections is $1000.00 per violation.

the title of the action;

the citation number or the docket number assigned to the proceeding; and

a brief descriptive title of the document that indicates its nature.

Every document of a party represented by an attorney shall be signed by at least one attorney who has been admitted to practice law in the State of Maryland.

The signature of an attorney constitutes a certification that:

This subsection applies to all documents, except for administrative citations, that are required to be served on other parties.

If service is required on a party represented by an attorney, service shall be made on the attorney unless the party is self-represented, then service shall be made upon the party through either first-class mail to the party or, if applicable, a registered agent.

Each document shall be accompanied by a signed certificate of service that specifies the date, manner of service and copies were provided to all parties.

The Administrative Hearing Unit may prescribe methods to allow parties to submit any required papers or documents through electronic means. The submission of any paper or documents through electronic means shall constitute filing for all purposes under this Subtitle so long as the submission complies with the prescribed methods in all respects.

Requirements for electronic filing of papers:

A party who elects to file papers electronically assumes responsibility for any delay, disruption, interruption of electronic signals, and legibility and completeness of the paper. The Administrative Hearing Unit shall make all reasonable efforts to resolve any such complications, but a party who elects to file papers electronically accepts the risk that any of the above circumstances may result in a determination by the Administrative Hearing Unit that a submission may be deemed not filed or not timely filed.

in person, in his or her own behalf;

by an attorney licensed to practice in the State of Maryland; or

by an person with a valid Power of Attorney that meets the requirements set forth by the Administrative Hearing Unit.

by an attorney licensed to practice in the State of Maryland; or

to the extent allowed by law, by any officer, employee, or authorized agent.

On timely, written request, a respondent is entitled to receive from the charging agency:

To be timely, the request must be submitted to the Hearing Administrator at least fifteen (15) days before the scheduled hearing.

The Hearing Administrator shall forward the request to the charging agency within forty-eight (48) hours of submission.

Within seven (7) days after it receives the request from the Hearing Administrator, the charging agency shall serve a written response on the respondent, with a copy sent to the Hearing Administrator.

Pre-hearing discovery is limited to the matters enumerated in subsection (a) of this section.

All other applications or motions for discovery, including depositions on oral examinations shall be made to the administrative hearing officer at the start of the hearing, and the administrative hearing officer may order further discovery, as appropriate.

set the date, time, and place for the hearing;

provide the parties with at least twenty (20) days' notice of the hearing.

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, another representative;

the right of a party to seek discovery under Section 13-1141 of the Prince George's County Code;

the right of party to call witnesses and submit documents or other evidence under Section 13-1231 of the Prince George's County Code; and

that failure to appear for the scheduled hearing may result in an adverse action against the party.

Hearings shall proceed with all reasonable expedition and, to the extent practicable, shall be held at one place and continue without suspension, except for brief recesses, until concluded.

in the form of Maryland Rule 1-303; or

in special circumstances, in some other form or affirmation calculated to impress on the witness the duty to tell the truth.

conduct a fair and impartial hearing;

take all necessary action to avoid delay in the disposition of proceedings;

maintain order; and

ensure the hearing provides fundamental fairness.

administer oaths and affirmations;

issue discovery orders and rule on objections to those orders;

receive evidence and rule on offers of proof;

regulate the course of the hearing and the conduct of the parties and their representatives;

hold conferences for simplification of issues or for any other proper purposes;

interrogate witnesses;

consider and rule on all procedural and other motions, including requests for adjournment; and

make and file recommended decisions and orders.

has a personal bias or prejudice about a party;

has personal knowledge of disputed evidentiary facts in the proceeding;

served as a lawyer in the matter in controversy or was professionally associated with another person while that person served as a lawyer in the matter in controversy;

has been a material witness to the matter;

has a financial interest in the subject matter in controversy or in a party to the proceeding;

has any other interest that could be substantially affected by the outcome of the proceeding;

knows that his or her spouse or dependent child:

any other reason creating a conflict of interest.

A party may request that an Administrative Hearing Officer disqualify him- or herself for good cause shown. The request shall be ruled on by the Administrative Hearing Officer in the proceeding.

If the Administrative Hearing Officer denies the request, the party may obtain a brief adjournment to seek review by the Hearing Administrator.

Without Leave of the Administrative Hearing Officer. A charging agency may file an amendment to citation or notice of violation without leave of the Administrative Hearing Officer by the date set forth in a scheduling order or, if there is no scheduling order, no later than 30 days before a scheduled hearing date. Within 15 days after service of an amendment, any other party to the action may file a motion to strike setting forth reasons why the Administrative Hearing Officer should not allow the amendment. If an amendment introduces new facts or varies the case in a material respect, an adverse party who wishes to contest new facts or allegations shall file a new or additional answer to the amendment within the time remaining to answer the original citation or within 15 days after service of the amendment, whichever is later. If no new or additional answer is filed within the time allowed, the answer previously filed shall be treated as the answer to the amendment.

the issues shall be treated in all respects as if they had been raised by the citation; and

provided it is not prejudicial, amendments of the citation may be made at any time necessary to make it conform to the evidence, with leave or permission of the Administrative Hearing Officer.

call witnesses;

offer evidence; including rebuttal evidence;

cross-examine any witness that another party calls; and

present summation and argument.

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;

shall give effect to a privilege recognized by law;

may take official notice of a fact that is judicially noticeable or that is general, technical or scientific and within the specialized knowledge of an Administrative Hearing Officer; and

may exclude evidence that is:

be in the manner and form set by the Administrative Hearing Unit; and

contain:

If the stipulation is entered into and filed with the Administrative Hearing Unit before the initial hearing on the matter, the stipulation shall be reviewed by an Administrative Hearing Officer.

Within a reasonable time after the stipulation has been filed, the Administrative Hearing Officer shall:

finding of fact and conclusions of law; and

the Administrative Hearing Officer's reasons for its findings on all material issues.

the penalty; and

the remedial relief or sanctions, if authorized by law to impose such remedial relief or other sanctions.

shall be adopted by the Administrative Hearing Unit, without further action; and

constitutes the Administrative Hearing Unit 's final action in the matter.