Appealing an Administrative Agency Decision

Learn how to appeal an Administrative Agency (e.g. Worker's Compensation Commission, Motor Vehicle Administration, etc.) decision to the circuit court.

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Administrative Agencies

Maryland administrative agencies implement the law and may have law enforcement powers. The Motor Vehicle Administration (MVA) and Workers’ Compensation Commission are two examples of administrative agencies. Each agency has the authority granted to it by the Maryland legislature for the area it oversees. For example, certain administrative agencies may issue licenses or permits; others may create regulations for businesses.

 

Administrative Hearings

Administrative agencies or the Office of Administrative Hearings (OAH), not the Maryland Courts, conduct the administrative hearings. The OAH conducts hearings for over 30 agencies and 200 programs. An Administrative Law Judge (ALJ) will conduct the OAH hearing. ALJs are lawyers appointed by the Chief Administrative Law Judge and are not employees of the agency whose decision is under review.  

For example, if you have a hearing with the MVA about a license suspension, the OAH will assign an ALJ to conduct the hearing. The ALJ judge would  

  • listen to the testimony,  
  • review the evidence,  
  • listen to arguments from the parties, and then  
  • make a written recommendation or decision based on the information provided and applicable laws.  

The ALJ’s final decision includes a written statement of any appeal rights for that particular case type. 

Md. Code, State Government § 10-222 and Title 28 of the Code of Maryland Regulations addresses the general rules of procedure at an OAH hearing. However, there may be additional rules and regulations depending on the agency and type of matter. Learn more about administrative hearings.

 

Appealing a Decision by an Administrative Agency

Who? Any party affected by an agency decision can appeal or challenge that decision. A person seeking review of an agency decision is called the “petitioner” or “appellant.” 

Read the Law: Md. Code, State Government § 10-222

What? The petitioner files a Petition for Judicial Review with the circuit court. 

When? Unless another rule or law gives the petitioner more time, the petitioner must file a petition for judicial review within 30 days after the latest of the date: 

  • of the order or action; 
  • the agency sent notice of the action to the petitioner; or 
  • petitioner received notice of the agency’s order or action. 

Read the Rule: Md. Rule 7-203

In a few instances, a party may petition for review from the circuit court before exhausting all possible remedies. Parties may petition to the circuit court if there is a non-final order by the agency that determines rights and liabilities and has immediate legal consequences, and the party can show that waiting for a final order would result in irreparable harm. 

Read the Law: Md. Code, State Government § 10-222

Usually, parties must bring all issues and try every procedure that the agency has before filing for review in the circuit court. This is known as "exhaustion of remedies." 

The procedure for seeking review of the ALJ's decision will be included in the decision. Read the ALJ’s decision very carefully. 

Where? Generally, you file the petition for judicial review in the circuit court for the county where you reside or have a principal place of business. 

Read the Law: Md. Code, State Government § 10-222

Read the Rules: Md. Rules Title 7, Chapter 200

Administrative Appeals from the Maryland Courts

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Petition for Judicial Review

To begin an action for judicial review of an administrative agency’s decision, the petitioner must file a Petition for Judicial Review. 

Drafting the Petition. The caption, or beginning, of the petition must have the following format:

IN THE CIRCUIT COURT FOR [insert county], MARYLAND

PETITION OF [name and address of the petitioner]

FOR JUDICIAL REVIEW OF THE DECISION OF THE
[name and address of administrative agency that made the decision]

IN THE CASE OF
[caption of agency proceeding, including agency case number]

CIVIL ACTION No.________  

 

The petition must: 

  • explicitly "request judicial review," 
  • identify the action for which review is sought (e.g., the specific order or action), and 
  • state whether the person seeking review was a party to the proceeding (if the petitioner was not a party to the agency proceeding then state the basis of petitioner’s standing to seek judicial review). 

Nothing else is required to be in the petition. 

There are no fill-in-the-blank court forms for a petition for judicial review of an administrative decision. You will need to draft your own document. Contact your local public law library for assistance locating samples and templates. 

A duplicate copy of the petition must be given to the clerk of the court to be sent to the agency. 

NOTE: See below for special requirements for petitions related to decisions of the Workers’ Compensation Commission. 

Filing fees must be prepaid at the time of filing, unless the case is an appeal of: 

  • the Workers' Compensation Commission  
  • an unemployment benefits determination by the Department of Labor (note that there may be a fee if it is the employer that is filing the petition) 

If petitioners cannot afford to pay the costs of filing the petition, they can request the requirement that these costs be prepaid be waived. Learn more about filing fee waivers. 

Read the Law: Md. Code, State Government § 10-222(c)

Read the Rule: Md. Rule 7-202

 

Stopping Agency Action During Judicial Review 

Filing a petition for judicial review does not automatically stop the agency’s actions. If the petitioner wants to stop the agency action while it is being appealed in the circuit court, then the petitioner must file a motion with the circuit court requesting a stay of action  to prevent the action of the agency until the court has ruled on the appeal. Learn more about filing motions in circuit court. 

The court will hold a hearing before ruling on the motion. The court may require the petitioner to purchase a bond while awaiting the outcome of the appeal. 

Read the Law: Md. Code, State Government § 10-222(e)

Read the Rule: Md. Rule 7-205

 

Record of Administrative Hearing

After receiving notice of the petition for judicial review, the agency has 60 days to transmit a transcript of the agency proceeding to the court. The agency may request up to 60 extra days to get the record to the court. This record should include the transcript of testimony, exhibits, and any other papers that were filed in the administrative hearing.

The petitioner must request and pay the initial cost for a transcript. If the petitioner fails to pay for or provide a transcript to the reviewing court, the appeal may be dismissed (unless the court finds that the failure to transmit the record was due to the agency, stenographer, or someone other than the petitioner). The petitioner can file a certification of the costs with the agency, and the court may award the costs of producing the transcript to the petitioner if they win the appeal.

Parties can avoid the cost of producing a transcript by agreeing to a statement of facts. The court strongly encourages parties to agree to a statement describing the facts that are important to the questions the court is being asked to review. 

The clerk of the court will send notice to all parties after receiving the record.

Read the Law: Md. Rule 7-206; Rule 2-603

 

Memoranda

Within 30 days after notice of receiving the record has been filed, the petitioner must file a legal memorandum outlining the basis for the appeal. The memorandum must include: 

  • A statement of the facts surrounding the case, 
  • The questions for review by the court, and 
  • An argument, or reason, why the court should rule against the agency, on each question. 

The argument section should include references to the record of the original proceeding. The argument should rely upon good legal reasoning and refer to case and statutory law. The memorandum cannot be more than 35 pages long without the court’s permission.  

After the memorandum is filed, the agency and any other responding party have 30 days to file responding memoranda. However, the other parties, including the agency, are not required to file a response. If the other parties file a response, then the Petitioner may reply to that response/answer 15 days after its filing.  

Read the Law: Md. Rule 7-207

 

Workers’ Compensation Commission

Petition for Judicial Review. If the petition for judicial review is asking the court to review a Workers’ Compensation Commission decision, then the petitioner must attach the following to the petition: 

  • a certificate that copies of the petition and attachments were served per Md. Rule 7-202(d)(2), and 
  • if no issue is to be reviewed on the record before the Commission, then copies of the employee claim form and all the Commission’s orders in the case. 

Service. A copy of the petition must be served by the petitioner by first class mail to the Commission and all other parties of record in the agency proceeding. If the petitioner is requesting judicial review of the Commission’s decision regarding attorneys’ fee, then a copy of the petition and attachments must be served on the Attorney General by first-class mail. 

Read the Law: Md. Rule 7-202

Memorandum. Petitioners do not need to file memoranda in support of a petition for review of a decision of the Workers’ Compensation Commission because the circuit court reviews the evidence de novo. De novo means that parties will present their cases all over again to the circuit court. 

There is an exception where a memorandum is required if you are requesting judicial review of the attorney’s fee in a Workers’ Compensation case because that review is on the record of the Workers’ Compensation Commission. 

Read the Law: Md. Rule 7-207(b)

Read the Case: Mitchell v. Goodyear Service Store, 306 Md. 27 (Court of Appeals, 1986) 

Any party may make a motion to the court for a jury trial. 

Read the Law: Md. Code, Labor & Employment, Section 9-745(d)

 

Circuit Court Hearing

Unless the parties waive a hearing (all parties agree not to have a hearing), the court will schedule a hearing once the record of the administrative has been filed with the circuit court. Generally, the hearing will be at least 90 days after the filing of the record, unless the court orders an earlier date (or if there is a law that requires an earlier date in this situation). 

For most hearings, you cannot provide additional evidence as the court will decide based only on the record. However, a party can make a motion to present additional evidence. It is rare for the court to take any new evidence unless the petitioner has proof showing that the administrative officer did not conduct the hearing fairly. Learn more about motions.  

Hearings are held without a jury, unless the hearing is an appeal of a decision of the Workers' Compensation Commission. 

Read the Rule: Md. Rule 7-208

Read the Case: Montgomery County v. Stevens, 337 Md. 471 (Court of Appeals 1995)

Read the Law: Md. Code, State Government § 10-222

 

Circuit Court Decision

Depending on why the circuit court is reviewing the agency’s decision (issue being appealed), a court reviewing an administrative agency's decision will first consider whether the agency recognized and applied the correct laws to the situation. If the agency did recognize and apply the correct laws, then the court will usually look at the agency’s decision in the light most favorable to the agency. This means that if there is conflicting evidence or if different conclusions can be reached based on the same evidence, then the court will follow the agency’s conclusion if it is reasonable based on the facts and applicable laws. The court cannot reverse the decision of an agency just because it would have decided differently. 

After the hearing, the court may: 

  • Dismiss the case; 
  • Send the case back to the agency for further proceeding; 
  • Affirm (agree with) the agency’s decision; 
  • Modify the agency’s order; 
  • Reverse the agency’s order; or 
  • A combination of the above.

Read the Case: Coleman v. Anne Arundel County Police Dept., 136 Md. App. 419 (Court of Special Appeals 2001)

Read the Law: Md. Code, State Government § 10-222(h)

Read the Rule: Md. Rule 7-209

 

Can't Afford Appellate Costs? from the Maryland Courts

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