Sec. 13-245. Appeals of Notice of Violation

Except as provided in this Section, an owner may appeal a notice of violation or a decision of the Director with respect to any provision of this Division by filing an appeal with the Administrative Hearing Unit established by Division 15 of this Subtitle within fifteen (15) calendar days or within the period required for compliance, whichever is shorter. The appeal shall state in detail the reasons for the appeal. The Administrative Hearing Unit shall hold a hearing upon the appeal and the proceedings shall be conducted in accordance with the procedures outlined in Sections 13-1134 through 13-1151 and Section 13-1153 through 13-1154 of this Code. The Director shall have the initial burden to establish the basis for the determination from which the appeal was taken. The appellant shall have the burden to establish by a preponderance of the evidence that the Director has misconstrued or wrongly interpreted the intent and meaning of this Code. The Administrative Hearing Unit shall determine only whether there was substantial evidence for the Director to take the enforcement action from which the appeal was taken. The Administrative Hearing Unit may not substitute its judgment for that of the Director.

The decision of the Administrative Hearing Unit shall be given in writing within thirty (30) days after the hearing is concluded. The Administrative Hearing Unit shall not have jurisdiction to grant a variance from, extend the time of performance, or waive any requirement of Section 13-246.01, except upon a finding that litigation is pending in the courts and is being actively pursued. A copy of each such decision shall be promptly filed with the Director and a copy shall be sent by U.S. first-class mail, sent electronically, or otherwise delivered to the appellant. An appellant aggrieved by a decision of the Administrative Hearing Unit may seek reconsideration of the matter in accordance with Section 13-1128 of this Code and all provisions of that Section shall apply to the disposition of the application for reconsideration. The decision of the Hearing Administrator on an application for reconsideration shall constitute the final decision of the Administrative Hearing Unit.

Any party aggrieved by the decision of the Administrative Hearing Unit with respect to this Division may appeal such decisions to the Circuit Court for Prince George's County, Maryland, pursuant to the rules governing appeals from administrative agencies. All appeals shall be on the record. The filing of a petition for judicial review does not stay an order of the Administrative Hearing Unit, unless a stay is granted by the circuit court.