§ 12-1-114. APPEAL TO THE BOARD OF APPEALS.

(a)

Authority to appeal. In accordance with § 3-5-104 of the Code, a violator may appeal a decision of the Animal Hearing Board under this article to the Board of Appeals.

(b)

Requirements must be satisfied. The Board of Appeals may not hear an appeal unless each of the procedural requirements of this section is satisfied.

(c)

Notice of appeal to be filed.

(1)

The violator shall file the written notice of appeal and petition with the Animal Hearing Board.

(2)

The Animal Hearing Board shall forward the file to the Board of Appeals.

(d)

Contents of petition. The violator shall file a petition with the notice of appeal setting forth with reasonable particularity the grounds for the appeal, including:

(1)

The error committed by the Animal Hearing Board;

(2)

The relief sought; and

(3)

The reasons why the relief sought should be granted.

(e)

Filing fee.

(1)

A filing fee established by the County Administrative Officer shall accompany the notice of appeal and petition.

(2)

The violator shall pay any costs required under Subtitle 2 of this title.

(f)

Hearing on the record.

(1)

The hearing before the Board of Appeals shall be limited to the record created before the Animal Hearing Board, which shall include:

(i)

The recording of the testimony presented to the Animal Hearing Board;

(ii)

All exhibits and other papers filed with the Animal Hearing Board; and

(iii)

The written findings of the Animal Hearing Board.

(2)

If the violator requests a transcription of the recording, the violator shall pay the cost of the transcription.

(g)

Decision of the Board.

(1)

The Board of Appeals may:

(i)

Remand the case to the Animal Hearing Board;

(ii)

Affirm the decision of the Animal Hearing Board; or

(iii)

Reverse or modify the decision of the Animal Hearing Board if a finding, conclusion, or decision of the Animal Hearing Board:

1.

Exceeds the statutory authority or jurisdiction of the Animal Hearing Board;

2.

Results from an unlawful procedure;

3.

Is affected by any other error of law;

4.

Subject to paragraph (2) of this subsection, is unsupported by competent, material, and substantial evidence in light of the entire record as submitted; or

5.

Is arbitrary or capricious.

(2)

The unavailability of a recording of the Animal Hearing Board hearing is not grounds for reversal of the decision of the Animal Hearing Board.

(1988 Code, § 6-9.2) (Bill No. 63-01, § 3, 8-10-2001; Bill No. 72-03, § 30, 7-1-2004; Bill No. 68-13, § 1, 12-29-2013)