MD Bar Administrative Law 3 — Questions and Answers
Question 1: The Maryland Office of Administrative Hearings (OAH) was created to:
- Provide an independent central panel of administrative law judges to hear contested cases delegated by state agencies (Correct answer)
- Replace the circuit courts for all civil disputes
- Serve as the appellate court for agency decisions
- Draft regulations on behalf of all executive agencies
Correct answer: Provide an independent central panel of administrative law judges to hear contested cases delegated by state agencies
The OAH is Maryland's independent central panel whose ALJs conduct contested case hearings delegated by state agencies.
Question 2: A Maryland agency delegates a contested case to the OAH but retains final decision-making authority. The ALJ issues a proposed decision. The agency head may:
- Modify or reject the ALJ's proposed conclusions, but must state reasons on the record and generally defer to demeanor-based credibility findings (Correct answer)
- Never alter any part of the ALJ's proposed decision
- Reject the decision without explanation
- Only affirm; modification requires circuit court approval
Correct answer: Modify or reject the ALJ's proposed conclusions, but must state reasons on the record and generally defer to demeanor-based credibility findings
When authority is retained, the agency head may modify a proposed decision with stated reasons, though first-level credibility findings based on demeanor receive special deference.
Question 3: A petition for judicial review of a Maryland agency's final contested case decision generally must be filed within:
- 30 days after the party receives notice of the final decision (Correct answer)
- 10 days after the hearing concludes
- One year after the agency action
- 90 days after the ALJ's proposed decision
Correct answer: 30 days after the party receives notice of the final decision
Maryland Rule 7-203 generally requires the petition for judicial review to be filed within 30 days of notice of the final agency decision.
Question 4: Under Maryland law, an agency's interpretation of a statute it administers is:
- Given considerable weight, but the court retains ultimate authority over questions of law (Correct answer)
- Binding on the reviewing court in all circumstances
- Entitled to no weight whatsoever
- Reviewable only by the General Assembly
Correct answer: Given considerable weight, but the court retains ultimate authority over questions of law
Maryland courts give an administering agency's statutory interpretation considerable weight but decide legal questions independently.
Question 5: During a contested case hearing in Maryland, the rules of evidence:
- Are relaxed — probative evidence that reasonable and prudent persons rely on may be admitted even if inadmissible in court (Correct answer)
- Apply exactly as in a circuit court jury trial
- Prohibit all hearsay in every circumstance
- Require authentication only for oral testimony
Correct answer: Are relaxed — probative evidence that reasonable and prudent persons rely on may be admitted even if inadmissible in court
Maryland contested case hearings admit probative evidence of the kind reasonable and prudent persons commonly rely on, even if it would be inadmissible under courtroom evidence rules.
Question 6: Hearsay evidence in a Maryland administrative hearing:
- May be admitted and can even constitute the sole basis for a finding if it is credible and probative (Correct answer)
- Is always inadmissible
- Is admissible only if the declarant is deceased
- May be admitted but can never support a finding by itself
Correct answer: May be admitted and can even constitute the sole basis for a finding if it is credible and probative
In Maryland administrative proceedings, reliable and probative hearsay may be admitted and may alone support a factual finding.
Question 7: A Maryland licensee facing disciplinary revocation claims a due process violation because the agency both investigated and adjudicated the case. This combination of functions:
- Does not by itself violate due process absent a showing of actual bias (Correct answer)
- Automatically violates procedural due process
- Requires dismissal of all charges
- Is permitted only in criminal proceedings
Correct answer: Does not by itself violate due process absent a showing of actual bias
The mere combination of investigative and adjudicative functions in one agency does not violate due process without evidence of actual bias.
MD Bar Administrative Law 3
The Maryland Office of Administrative Hearings (OAH) was created to: