§ 3-6-304. DISPOSITION.

(a)

Disposition options. In a proceeding under this subtitle, the Board of Appeals may:

(1)

Remand the case to the Hearing Officer;

(2)

Affirm the final order of the Hearing Officer; or

(3)

Reverse or modify the final order if a finding, conclusion, or decision of the Code Official, the Director, or the Hearing Officer:

(i)

Exceeds the statutory authority or jurisdiction of the Code Official, the Director, or the Hearing Officer;

(ii)

Results from an unlawful procedure;

(iii)

Is affected by any other error of law;

(iv)

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

(v)

Is arbitrary or capricious.

(b)

Unavailability of recording not grounds for reversal. The unavailability of a recording of the code enforcement hearing is not grounds for reversal of the final order.

(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. 82-06, § 3, 8-24-2006)