§ 5-1-220.2. APPEALS.

(a)

Appeal of Board of Trustees' decision.

(1)

A member or a beneficiary may appeal a decision of the Board of Trustees under this title to the County Office of Administrative Hearings, in writing, within 30 days after the final action appealed.

(2)

The Office of Administrative Hearings shall:

(i)

Hear and decide the appeal de novo;

(ii)

Hold the hearing not less than 45 days and not more than 60 days after the appeal; and

(iii)

Issue a final decision within 15 days after the conclusion of the final hearing held.

(b)

Appeal of Office of Administrative Hearings' decision.

(1)

If the Board of Trustees, a member, or a beneficiary is aggrieved by a decision of the Office of Administrative Hearings, the Board of Trustees, member or beneficiary may appeal the decision to the Board of Appeals.

(2)

The notice of appeal shall be filed with the Office of Administrative Hearings which shall forward the file to the Board of Appeals.

(3)

The Board of Trustees, member, or beneficiary shall file a petition with the notice of appeal setting forth with reasonable particularity the grounds for the appeal, including:

(i)

The error committed by the Office of Administrative Hearings;

(ii)

The relief sought; and

(iii)

The reasons why the relief sought should be granted.

(4)

(i)

Except as provided paragraph (5) of this subsection, the Board of Appeals hearing shall be limited to the record created before the Office of Administrative Hearings, which shall include:

1.

The recording of the testimony presented to the Office of Administrative Hearings;

2.

All exhibits and other papers filed with the Office of Administrative Hearings; and

3.

The written and final order findings of the Office of Administrative Hearings.

(ii)

If the member or beneficiary or the Board of Trustees requests a transcription of the recording, the Board of Trustees shall pay the cost of the transcription.

(5)

(i)

If the member or beneficiary and Board of Trustees agree that the questions presented for Board review can be determined without an examination of the entire record, they may file a single joint statement that:

1.

States the issues and how they were decided by the Office of Administrative Hearings; and

2.

Includes a recitation of only those facts or allegations that are essential to a decision of the issues presented.

(ii)

The statement, any exhibits accompanying it, and the final order of the Office of Administrative Hearings shall constitute the record in the action for board review.

(6)

(i)

The Board of Appeals hearing shall take place no less than 45 days and no more than 60 days after the date of appeal.

(ii)

The Board of Appeals shall:

1.

Conclude a continuation of a hearing within 30 days after the first hearing date; and

2.

Issue the Board's order within 15 days after the conclusion of the hearing.

(7)

In a proceeding under this section, the Board of Appeals may:

(i)

Remand the case to the Office of Administrative Hearings;

(ii)

Affirm the final order of the Office of Administrative Hearings; or

(iii)

Reverse or modify the final order if a finding, conclusion, or decision of the Board of Trustees or the Office of Administrative Hearings:

1.

Is unconstitutional;

2.

Exceeds the statutory authority or jurisdiction of the Board of Trustees or the Office of Administrative Hearings;

3.

Results from an unlawful procedure;

4.

Is affected by any other error of law;

5.

Is unsupported by competent, material, and substantial evidence in light of the entire record as submitted; or

6.

Is arbitrary or capricious.

(Bill No. 7-13, § 1, 3-4-2013; Bill No. 77-18 , § 1, 3-4-2013)

Editor's note:
  Section 2 of Bill No. 7-13 provides that this Act shall apply to an appeal of a decision of the Employees' Retirement System Board of Trustees that is filed under § 5-1-220.2 of the Baltimore County Code, 2003 after the effective date of this Act.
  Section 2 of Bill No. 77-18 provides that this Act, having passed by the affirmative vote of five members of the County Council, shall take effect on enactment retroactive to March 4, 2013.