§ 12-4-206. Hearings before Commission.


Latest version.
  • (a) Generally. Within 30 days after receiving a request for a hearing from a person whose license has been denied, suspended, or revoked, from a person to whom a citation has been issued, or from a person who has filed an affidavit of complaint, the Commission shall convene to hear the matter. The person requesting the hearing shall be notified of the date, time, and place of the hearing and of the law alleged to have been violated. A person shall have right to counsel before the Commission. At the time of the hearing or within 15 days after the hearing, the Commission shall submit written findings and recommendations to the Chief as to a decision rendered under § 12-4-205 or findings of fact and a determination whether a violation of this title occurred.
    (b) Findings and recommendations. If the Commission finds that a violation did occur, it shall sustain the fines levied under § 12-4-1001. In cases specifically dealing with affidavits of complaints that involve multiple charges filed by one neighbor against another, the Commission may reduce the fine to the amount that the Commission considers appropriate. If the Commission finds that a violation did not occur, it shall dismiss the citation. The Commission may make other recommendations to the Chief.
    (c) On request of the Chief of Police. Within 15 days after a request from the Chief for the Commission to consider an alleged violation, the Commission shall convene to hear the matter. The individual complained of shall be notified of the date, time, and place of the hearing and of the animal control law alleged to have been violated. An individual shall have right to counsel before the Commission. Within 15 days of the hearing, the Commission shall submit written findings and recommendations to the Chief. The Chief may request the Commission to convene immediately for the purpose of investigating acute emergencies. In such case, good faith efforts shall be made to serve the hearing notice.
    (d) Appeals. When appeals are considered by the Commission, the Chief may initiate corrective or enforcement action other than action relating to suspension, denial, or revocation of licenses authorized by this title.
    (e) Potentially dangerous, dangerous, and vicious animals. Appeals of orders for potentially dangerous, dangerous, or vicious animals shall be governed by Subtitle 4 of this title.
    (1985 Code, Art. 12, § 2-106) (Bill No. 67-98; Bill No. 11-07; Bill No. 90-18)