§ 3-6-206. CODE ENFORCEMENT HEARING.

(a)

Date set. The Code Official or the Director, as applicable, shall schedule a hearing to be conducted within 30 days after the filing of a request for a hearing.

(b)

Witnesses and documents. For good cause only, the Hearing Officer may compel the attendance of witnesses or the production of documents by subpoena.

(c)

Discovery - In general. The Code Official, the Director, and the violator may obtain discovery and make inspections as provided in subsections (d) and (e) of this section.

(d)

Same - Requested by the violator. On request of the violator, the Code Official or the Director shall:

(1)

Make available to the violator any material or information in the custody of the Code Official or the Director that involves the violation charged; and

(2)

Allow the violator to inspect and copy:

(i)

Any portion of a document containing a statement or the substance of a statement made by the violator to a code inspection and enforcement inspector that the inspector intends to use at a hearing or trial; and

(ii)

Each written report or statement made by an expert whom the inspector expects to call as a witness at the hearing or trial.

(e)

Same - Interrogatories.

(1)

Subject to paragraph (2) of this subsection, the Code Official or the Director may obtain discovery by written interrogatories.

(2)

The individual who propounds the interrogatories may not serve as the Hearing Officer in any case in which interrogatories are propounded.

(3)

(i)

The scope of discovery is as provided in this paragraph.

(ii)

Discovery may be obtained regarding any matter, not privileged, including the existence, description, nature, custody, condition, and location of any documents or other tangible things and the identity and location of persons having knowledge of any discoverable matter, if the matter sought is relevant to the subject matter involved in the action, whether it relates to the alleged violations or the violator's defense of them.

(iii)

It is not ground for objection that the information sought is already known to or otherwise obtainable by the Code Official or the Director or that the information will be inadmissible at the code enforcement hearing or trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

(iv)

An interrogatory otherwise proper is not objectionable merely because the response involves an opinion or contention that it relates to fact or the application of law to fact.

(v)

On request, the violator upon whom the interrogatory is served shall attach to the response or submit for inspection the original or an exact copy of the following:

1.

Any written instrument on which a defense is founded;

2.

Any written report, whether acquired or developed in anticipation of an allegation that a violation exists or for the code enforcement hearing, made by an expert whom the responding violator expects to call as an expert witness at the hearing.

(4)

If the responding violator fails to furnish a written report requested in accordance with this subsection, the Hearing Officer may enter any order that justice requires, including an order refusing to admit the testimony of the expert.

(5)

(i)

Written interrogatories may be served and directed to each person charged with a violation.

(ii)

Only one set may be served of not more than 15 interrogatories to be answered by the same violator.

(iii)

Interrogatories, however grouped, combined or arranged and even though subsidiary or incidental to or dependent upon other interrogatories, shall be counted separately.

(6)

(i)

On motion filed with the Hearing Officer within five days after service of interrogatories, the violator on whom the interrogatories were served, and for good cause shown, may request the Hearing Officer to enter an order to protect the violator from annoyance, embarrassment, oppression, or undue burden or expense.

(ii)

The Hearing Officer may enter any order that justice requires.

(7)

(i)

The violator to whom the interrogatories are directed shall serve a response within 15 days after service of the interrogatories.

(ii)

The response shall answer each interrogatory separately and fully in writing under oath, or shall state fully the grounds for refusal to answer any interrogatory.

(iii)

The response shall set forth each interrogatory followed by its answer.

(iv)

An answer shall include all information available to the violator directly or through agents, representatives, or attorneys.

(v)

The response shall be signed by the violator making it.

(8)

(i)

If a violator to whom interrogatories are directed fails to serve a response after proper service of the interrogatories, the Hearing Officer, on reasonable notice to the violator, may impose sanctions if the Hearing Officer finds a failure of discovery.

(ii)

The Hearing Officer may enter the orders in regard to the failure as are just, including:

1.

Refusing to allow the failing violator to support or oppose designated claims or defenses;

2.

Prohibiting that violator from introducing designated matters in evidence;

3.

Striking out defenses or parts of defenses;

4.

Staying further proceedings until the discovery is provided; or

5.

Entering a finding that the violator is in violation and imposing the civil penalty as set forth in the citation to the extent the Hearing Officer considers appropriate.

(9)

(i)

Answers served by a violator to interrogatories may be used by the county, the Code Official, or the Director at the code enforcement hearing or trial to the extent permitted by the Maryland Rules of Evidence.

(ii)

If only part of an answer is offered in evidence, the Hearing Officer may require the offering party to introduce at that time any other part that in fairness ought to be considered with the part offered.

(f)

Final order - Nonappearance. The Hearing Officer shall issue a non-appealable final order if the violator fails to appear at the requested hearing.

(g)

Same - Appearance. The Hearing Officer shall issue a final order with written findings.

(1988 Code, § 1-7) (Bill No. 39-97, § 1, 6-6-1997; Bill No. 31-99, § 3, 7-1-2004; Bill No. 80-01, § 1, 11-23-2001; Bill No. 70-03, § 43, 7-1-2004; Bill No. 82-06, § 3, 8-24-2006; Bill No. 123-10, § 4, 1-16-2011)