MD Bar Administrative Law 2 — Questions and Answers
Question 1: Under the Maryland Administrative Procedure Act, a 'contested case' is best defined as a proceeding in which:
- Legal rights, duties, or privileges of a party are required by law to be determined after an agency hearing (Correct answer)
- Any dispute between two private parties is mediated by a state agency
- An agency proposes a new regulation affecting the general public
- A party files any complaint with an agency, regardless of hearing rights
Correct 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.
Question 2: 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?
- The circuit court for the appropriate county (Correct answer)
- The Appellate Court of Maryland
- The Supreme Court of Maryland
- The District Court of Maryland
Correct 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.
Question 3: When a Maryland court reviews an agency's factual findings in a contested case, it applies which standard?
- Substantial evidence — whether a reasoning mind could reasonably have reached the agency's conclusion (Correct answer)
- De novo review of all factual determinations
- Clear and convincing evidence review
- Beyond a reasonable doubt review
Correct 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.
Question 4: Before adopting a new regulation, a Maryland agency generally must first:
- Publish the proposed regulation in the Maryland Register and allow public comment (Correct answer)
- Obtain approval from the Supreme Court of Maryland
- Hold a jury trial on the regulation's validity
- Secure unanimous consent of the General Assembly
Correct 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.
Question 5: The Maryland General Assembly's Joint Committee on Administrative, Executive, and Legislative Review (AELR) primarily serves to:
- Review proposed agency regulations and, if concerns arise, delay or trigger gubernatorial review of their adoption (Correct answer)
- Adjudicate contested cases on appeal from the OAH
- Issue binding advisory opinions to circuit courts
- License administrative law judges
Correct 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.
Question 6: 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:
- Decline to consider the issue because it was not preserved before the agency (Correct answer)
- Remand automatically for a new hearing on that issue
- Consider it de novo since courts are not bound by agency records
- Reverse the agency decision as arbitrary
Correct 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.
Question 7: Which of the following Maryland agency actions is generally NOT subject to contested case procedures under the APA?
- Adoption of a regulation of general applicability (Correct answer)
- Revocation of an individual's professional license
- Denial of an individual's application for public benefits where a hearing is required
- Suspension of a specific facility's operating permit after required hearing
Correct 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.
MD Bar Administrative Law 2
Under the Maryland Administrative Procedure Act, a 'contested case' is best defined as a proceeding in which: