Administrative Law Flashcards

A Maryland agency changes its long-standing interpretation of its own regulation without explanation and applies the new view retroactively in an enforcement action. The strongest challenge is that the action was:

Answer: Arbitrary and capricious for failing to acknowledge and explain the departure from prior policy

An unexplained departure from established agency policy is a hallmark of arbitrary and capricious action subject to reversal on judicial review.

The 'delegation doctrine' under Maryland constitutional law permits the General Assembly to delegate authority to agencies if:

Answer: The statute provides sufficient standards or safeguards to guide the exercise of the delegated power

Maryland upholds legislative delegations that contain adequate standards, guidelines, or procedural safeguards channeling agency discretion.

A hearing notice in a Maryland contested case must generally include:

Answer: The date, time, place, and nature of the hearing, the right to counsel, and the factual and legal basis for the action

Due process and the Maryland APA require notice stating the hearing logistics, the issues involved, and the party's procedural rights, including representation.

An ALJ in a Maryland contested case has ex parte communications with agency prosecuting staff about the merits. This conduct:

Answer: Is prohibited and may require disqualification or invalidate the resulting decision

Ex parte contacts on the merits between the decision-maker and advocacy staff violate the APA's separation requirements and can taint the decision.

A Maryland circuit court affirms an agency decision on judicial review. The losing party's next step is:

Answer: An appeal to the Appellate Court of Maryland

Circuit court judgments on judicial review of agency decisions are appealable to the Appellate Court of Maryland.

When reviewing a Maryland agency's sanction, such as license revocation, a court will overturn the chosen penalty only if:

Answer: The sanction constitutes an abuse of the agency's discretion under the governing statute

Sanction selection is committed to agency discretion, and courts disturb it only for abuse of that discretion.

A person petitions a Maryland agency to adopt a new regulation. Under the APA, the agency must:

Answer: Consider the petition and either initiate rulemaking or explain its refusal within a reasonable framework

Maryland's APA permits interested persons to petition for rulemaking and obligates the agency to consider and respond to the petition.