MD Bar Administrative Law 2

Question 1

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

Accepted Answer

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

Answer

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?

Accepted Answer

The circuit court for the appropriate county

Answer

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?

Accepted Answer

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

Answer

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:

Accepted Answer

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

Answer

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:

Accepted Answer

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

Answer

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

(MD Bar) Maryland Bar Exam Practice Test

(MD Bar) Maryland Bar Exam Practice Test

MD Bar Administrative Law 2