Administrative Law Flashcards

Under the Maryland Administrative Procedure Act, a 'contested case' is best defined as a proceeding in which:

Answer: Legal rights, duties, or privileges of a party are required by law to be determined after an agency hearing

Maryland's APA defines a contested case as one where a party's legal rights, duties, statutory entitlements, or privileges must be determined after an opportunity for an agency hearing.

A Maryland agency denies a professional license after a hearing before the Office of Administrative Hearings. The applicant seeks judicial review. Which court is the proper forum for initial review?

Answer: The circuit court for the appropriate county

Judicial review of a final contested case decision under Maryland's APA is initiated by petition in the circuit court.

When a Maryland court reviews an agency's factual findings in a contested case, it applies which standard?

Answer: Substantial evidence — whether a reasoning mind could reasonably have reached the agency's conclusion

Maryland courts uphold agency fact findings if supported by substantial evidence, meaning a reasoning mind could reasonably reach the same conclusion on the record.

Before adopting a new regulation, a Maryland agency generally must first:

Answer: Publish the proposed regulation in the Maryland Register and allow public comment

Maryland's APA requires notice of proposed regulations in the Maryland Register followed by an opportunity for public comment before adoption.

The Maryland General Assembly's Joint Committee on Administrative, Executive, and Legislative Review (AELR) primarily serves to:

Answer: Review proposed agency regulations and, if concerns arise, delay or trigger gubernatorial review of their adoption

The AELR Committee provides legislative oversight of proposed regulations and can delay adoption or refer objections to the Governor.

A party in a Maryland contested case fails to raise an issue before the agency but attempts to raise it for the first time on judicial review. The court will most likely:

Answer: Decline to consider the issue because it was not preserved before the agency

Under Maryland's exhaustion and preservation principles, judicial review is ordinarily limited to issues raised before the administrative agency.

Which of the following Maryland agency actions is generally NOT subject to contested case procedures under the APA?

Answer: Adoption of a regulation of general applicability

Rulemaking of general applicability is quasi-legislative and governed by rulemaking procedures, not the contested case (adjudicatory) provisions.