MD Bar Administrative Law 3

Question 1

The Maryland Office of Administrative Hearings (OAH) was created to:

Accepted Answer

Provide an independent central panel of administrative law judges to hear contested cases delegated by state agencies

Answer

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:

Accepted Answer

Modify or reject the ALJ's proposed conclusions, but must state reasons on the record and generally defer to demeanor-based credibility findings

Answer

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:

Accepted Answer

30 days after the party receives notice of the final decision

Answer

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:

Accepted Answer

Given considerable weight, but the court retains ultimate authority over questions of law

Answer

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:

Accepted Answer

Are relaxed — probative evidence that reasonable and prudent persons rely on may be admitted even if inadmissible in court

Answer

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.

(MD Bar) Maryland Bar Exam Practice Test

(MD Bar) Maryland Bar Exam Practice Test

MD Bar Administrative Law 3