The following procedures are applicable to appeals to the Animal
Appeal Board:
A. The Board's Secretary shall schedule the appeal hearing, subject
to postponement at the owner's request for good cause stated, and
notify the owner at least five days prior to the scheduled and any
rescheduled hearing date.
B. The Board's Chairperson shall preside at the hearing and rule on
the admissibility of evidence and procedural issues that may arise,
for which the County Attorney may offer guidance. In the absence of
the Chairperson, the Board members may appoint any member to preside
and make such rulings. The presiding member may vote on any matter
before the Board.
C. The hearing shall be quasi-judicial in nature, and all testimony
shall be under oath administered by the Board's Secretary or the presiding
member.
D. Witnesses may be presented by the owner or the Animal Control Authority
and shall be subject to questions by either party or by members of
the Board. The parties may offer documentary or other evidence, which,
if admitted, shall be held by the Board's Secretary pending the Board's
decision.
E. The Animal Control Authority shall have the burden of proof and must
present clear and convincing evidence to support a determination that
an animal is potentially dangerous or dangerous. Absent such evidence,
the Board shall reverse the determination. If the Board upholds the
determination or if the appeal pertains only to the requirements established
pursuant to the determination, it may uphold the requirements if it
finds that the particular requirement is reasonable and appropriate
based upon evidence presented at the hearing.
F. The owner may be represented by any person designated by the owner
and shall be entitled to obtain a transcript of the hearing and a
copy of any documentary evidence, provided that the owner tenders
the estimated cost in advance to the Board's Secretary.
G. These rules shall apply regarding evidence:
(1) Reports prepared by animal control officials, government officials
or treating medical personnel in the normal course of investigation
or services regarding an animal's behavior or consequences thereof
may be presented by the County Attorney and admitted as evidence without
need of authentication by the custodian or maker thereof.
(2) Other documents containing statements by a fact witness may be admitted
as evidence if the document is in the form of an affidavit admissible
in support of a motion in Maryland's circuit courts.
(3) Hearsay contained in testimony or documents admitted as evidence,
but hearsay within hearsay ("double hearsay") shall not be admitted
in evidence unless it would be admissible in a trial in Maryland's
circuit courts.
(4) On motion supported by a majority of the panel, a hearing may be
continued in order to obtain additional evidence, including testimony
by fact witnesses whose statements are reported or mentioned in documents,
including affidavits, admitted as evidence.
(5) In reaching its decision, the Board may not consider evidence that
is not admitted in the hearing, and before the decision is reached
the members shall refrain from off the record ("ex parte") discussion
of the facts or issues with anyone, including animal control officials,
other than another member of the hearing panel, except for discussion
with the County Attorney during the Board's deliberations regarding
pertinent legal points or precedent.
H. The Animal Appeal Board must keep minutes of its proceedings, recording
all votes, examinations, and other official actions, all of which
must be filed with the Animal Control Authority. The Board's Secretary
shall perform these functions.
I. An action or decision by the Board must be pursuant to a motion approved
by a majority of the Board members in attendance. In order to uphold
a determination by the Animal Control Authority, the motion must contain
a statement of the facts, which must be supported by substantial evidence,
forming the basis of the action or decision. The full text of the
motion and record of members' votes will be incorporated in the Board's
minutes.
J. The Secretary shall prepare or cause to be prepared an appropriate
order for the Board's approval within 10 days after its decision,
which shall include a statement of facts contained in the motion.
No Animal Control Officer shall entice or lure an animal off
the property of an owner.
This chapter does not apply to an animal owned by and working
for a governmental or law enforcement agency while the animal is on
duty.