Appeal Process for  Food Control, Plan Review, and Ecology & Institutional Facilities

The following section outlines the appeal rights for all violations issued by the Baltimore City Health Department Food Control, Plan Review, and Ecology & Institutional Facilities programs.

Right to Request a Hearing/Appeal

The Baltimore City Health Code  (Title 2, Subtitle 3 Administrative Hearings) sets forth the procedures for requesting a hearing or appealing a notice, order, decision, or other action of the Baltimore City Health Department.  That process is summarized below, however, we recommend reading Subtitle 3 for more detailed information.

Administrative Hearings & Appeals

License and Permit Suspension

Before the Commissioner takes any final action to deny, revoke, suspend, or refuse to renew a license or permit, the Commissioner must notify the person whose license is being denied, revoked, suspended, or not-renewed, of that proposed action. That notice is sent to the facility owner of the establishment to inform them in writing as to why the action is being taken and that a hearing will be provided if it is requested within 10 days of the notice (or any longer period specified in the notice). 

Other Situations

Where a person is aggrieved by a notice, order, decision, or other action of the Department, the pre-notification described above is not required.  The person is notified of their right to a hearing in written form on the violation notice or order.  As above, the person may request a hearing in writing.  It must state the grounds on which the person is contesting the notice, decision, order, or other action and it must be filed with the Commissioner within 10 days of the notice, decision, order, or other action. The request must be received at the Department within ten (10) calendar days which is calculated with day one (1) being the first day after the date of the action. The received date does not mean the postmark date, but the actual receipt at the Department. 

The hearing request may be sent via email, US mail, or other carrier services, or delivered in-person to (during business hours M-F 8:30 -4:30 except City Holidays):

Baltimore City Health Department
1001 E. Fayette St.
Baltimore, MD 21202
Phone: 410-396-4424
Email:  BCHD2@baltimorecity.gov

Hearings

Upon receipt of a properly filed hearing request, the person requesting a hearing will be notified of the date of hearing in writing.

Hearings are held by a hearing officer designated by the Commissioner and the hearing officer is given the authority to issue proposed or final findings of fact, proposed or final conclusions of law, proposed or final orders, or a proposed or final administrative decision of the Department. 

Administrative hearings for the Office of Environmental Inspection Services take place at the Baltimore City Health Department, 1001 E. Fayette St. The hearing is open to the public and is conducted in an orderly but informal manner.  The aggrieved party has the right to be represented, at the party’s own expense, by an attorney or other representative.  During the hearing, the party or their attorney (or representative) has the right to call witnesses and submit documents or other evidence.  Failure to appear for the scheduled hearing may result in an adverse action against the aggrieved party.   For a detailed explanation, please see Baltimore City Health Code  (Title 2, Subtitle 3 Administrative Hearings).

Appeals of Hearing Decisions

Once a final decision is given by the hearing officer or Commissioner, the aggrieved party may appeal by seeking judicial review of that decision by petitioning the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure.  As a final appeal, a party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure.

To contest an Environmental Citation:

If you have received an environmental citation, you have 30 days from the issuance date to timely request a hearing. 

Requesting a Hearing

Return the top copy of the citation to the ECB by mail, fax, or as an attachment to an email.  Be sure to include your telephone number and email address.  Requests may be sent to:

1 N. Charles Street, 13^th Floor
Baltimore, MD 21201
Fax:  410-396-6876
Email:  ecb@baltimorecity.gov
Phone: 410-396-6909

You can also request a hearing online at:  https://cityservices.baltimorecity.gov/ECBHearing/

If you have missed the deadline to request a hearing, contact the ECB at ecb@baltimorecity.gov to learn about what options are available.