Petition for Reconsideration (Administrative Agency) - Maryland

PETITION FOR RECONSIDERATION

Before the [________________________________]

State of Maryland

In the Matter of:

[________________________________],
Petitioner,

v.

[________________________________],
Respondent Agency.

OAH Case No.: [________________________________]
Agency Case No.: [________________________________]

PETITION FOR RECONSIDERATION

Pursuant to Applicable Agency Rules or Limited Inherent Reconsideration Authority

Petitioner, [________________________________], by and through undersigned counsel [or pro se], hereby petitions the [________________________________] (the "Agency") for reconsideration of its Final Decision and Order dated [__/__/____], pursuant to [cite applicable agency-specific reconsideration statute or regulation, or state the basis for limited inherent reconsideration authority: ________________________________].

I. PRELIMINARY STATEMENT

This Petition for Reconsideration is filed pursuant to the applicable agency procedure or the Agency's limited inherent authority to reconsider a quasi-judicial decision for justification and good cause. Maryland's OAH, established under Md. Code, State Gov't §§ 9-1601 to 9-1610, provides administrative law judges for contested case hearings for many state agencies. Under the Maryland APA, an administrative law judge's proposed decision may be subject to exceptions filed with the agency under Md. Code, State Gov't §§ 10-216 and 10-220, after which the agency issues a final decision under § 10-221 that is subject to judicial review under § 10-222. The APA itself does not create a generally applicable right to reconsideration of an already-issued final decision.

The Final Decision [describe adverse action: e.g., denied Petitioner's application / revoked Petitioner's license / imposed a civil penalty of $[____________] / upheld agency enforcement action against Petitioner]. For the reasons stated herein, the Final Decision is erroneous in law and/or fact and should be vacated, modified, or remanded.

Important Note on Deadlines: The Maryland APA does not set a uniform post-final-decision reconsideration period. Check the agency's enabling law and regulations for a specific procedure and deadline. If relying on limited inherent authority instead, identify the good cause and file promptly. A reconsideration request does not itself extend the judicial-review deadline under Md. Rule 7-203 (see Section II.C, below).

II. JURISDICTION AND STATUTORY AUTHORITY

A. Statutory Basis

Authority for this Petition is found in:

• [Cite the agency-specific reconsideration statute or regulation, or identify the limited inherent authority and good cause for reconsidering this quasi-judicial decision: ________________________________] — required. The Maryland APA does not itself create a general right to reconsider an already-issued final decision.
• Md. Code, State Gov't §§ 10-216 and 10-220 (exceptions to a proposed decision, where applicable prior to the final decision)
• Md. Code, State Gov't § 10-221 (final decisions and orders)
• Md. Code, State Gov't § 10-222 (judicial review of final agency decisions in contested cases)
• COMAR 28.02.01 et seq. (Maryland OAH Rules of Procedure)

B. Timeliness

The Final Decision was issued on [__/__/____] and served on/received by Petitioner on [__/__/____]. This Petition is filed on [__/__/____].

☐ This Petition meets the agency-specific filing deadline of [____] days from [issuance/service] under [cite applicable rule: ________________________________].

☐ No agency-specific reconsideration deadline has been identified. Petitioner invokes limited inherent authority, identifies the justification and good cause as [________________________________], and requests prompt consideration.

Deadline Calculation:

• Date Final Decision issued: [__/__/____]
• Date served/received by Petitioner: [__/__/____]
• Applicable agency-specific deadline, if any: [____] days from [issuance/service], per [cite source]
• Filing deadline: [__/__/____]
• Date this Petition filed: [__/__/____]

C. Effect on Judicial Review Deadline

Under Md. Code, State Gov't § 10-222 and Md. Rule 7-203, a party aggrieved by a final agency decision in a contested case may seek judicial review by filing a petition in the circuit court for the county where any party resides or has a principal place of business, unless another statute requires otherwise. Rule 7-203 generally requires filing within thirty (30) days after the latest of: (1) the date of the order or action; (2) the date the agency sent notice to the petitioner, if law required notice to be sent; or (3) the date the petitioner received notice, if law required notice to be received. Check for any different period under the governing rule or statute. Filing a petition for reconsideration with the Agency does not automatically toll or extend the judicial-review deadline; the tolling or restart effect (if any) depends on the applicable agency's enabling statute or regulations. Consult Maryland counsel for the specific effect before relying on a pending reconsideration petition to defer a judicial-review filing.

III. IDENTIFICATION OF PARTIES

A. Petitioner

Name: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________]
Telephone: [____________________________]
Email: [________________________________]
License/Permit/Account No. (if applicable): [________________________________]
Represented by: [________________________________] (Counsel) / Pro Se ☐
Maryland Attorney Number (AIS): (if attorney): [____________________]

B. Respondent Agency

Agency Name: [________________________________]
Secretary/Director/Commissioner/Board Chair: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________]

C. Maryland Office of Administrative Hearings (if applicable)

OAH Administrative Law Judge: [________________________________]
OAH Address: 11101 Gilroy Road, Hunt Valley, MD 21031
OAH Case No.: [________________________________]

D. Other Parties of Record

Name: [________________________________]
Role: [________________________________]
Address: [________________________________]

IV. DESCRIPTION OF THE FINAL DECISION CHALLENGED

A. The Final Decision

1. Title/Description: [________________________________]
2. Date Issued: [__/__/____]
3. Date Served on Petitioner: [__/__/____]
4. Decision/Order Number: [________________________________]
5. OAH ALJ Who Conducted Hearing (if applicable): [________________________________]
6. Agency Official/Board Who Issued Final Decision: [________________________________]

B. Summary of the Final Decision

The Final Decision found/concluded: [________________________________]

The Final Decision directed/imposed: [________________________________]

A copy of the Final Decision is attached as Exhibit A.
[If applicable:] A copy of the OAH Proposed Decision is attached as Exhibit B.

V. PROCEDURAL HISTORY

1. On [__/__/____], [describe the initiating agency action, e.g., "the Agency issued a Notice of Action / Charges / Order of Suspension / Denial of Application proposing to [describe action]"].

2. On [__/__/____], Petitioner [describe response, e.g., "timely requested a contested case hearing before the Maryland Office of Administrative Hearings (OAH)"].

3. The OAH assigned Administrative Law Judge [________________________________] to the matter.

4. A contested case hearing was held on [__/__/____] at [________________________________], Maryland / OAH.

5. The following witnesses testified:

   • [________________________________], called by [________________________________]
   • [________________________________], called by [________________________________]

6. The following exhibits were admitted:

   • [________________________________]
   • [________________________________]

7. Post-hearing briefing:

   • Petitioner's brief filed: [__/__/____]
   • Agency's brief filed: [__/__/____]

8. The OAH ALJ issued a Proposed Decision on [__/__/____].

9. Petitioner filed exceptions to the Proposed Decision on [__/__/____] [if applicable].

10. The Agency issued its Final Decision on [__/__/____].

VI. GROUNDS FOR RECONSIDERATION

Petitioner requests reconsideration on the grounds checked below, subject to the agency-specific rule or limited inherent authority identified in Section VIII.A. Check all that apply:

☐ Ground 1: Error of Law
The Final Decision contains material errors in the interpretation or application of Maryland law.

Cite statute/regulation: [________________________________]
Specific error: [________________________________]

☐ Ground 2: Findings of Fact Not Supported by Substantial Evidence
One or more material findings of fact are not supported by the identified record evidence. Explain why the agency should revisit them under its reconsideration authority.

Unsupported findings:

• Finding: [________________________________]; Record contradicts: [________________________________]
• Finding: [________________________________]; Record contradicts: [________________________________]

☐ Ground 3: Newly Discovered Evidence
Evidence not reasonably available at the time of the hearing has been discovered that is material to the outcome.

Description: [________________________________]
Reason not available at hearing: [________________________________]
Effect on outcome: [________________________________]

☐ Ground 4: Agency Exceeded Its Authority
The Agency's action exceeds its statutory authority or jurisdiction. Identify the provision and explain why the agency should revisit its decision.

Specifically: [________________________________]
Statutory limitation exceeded: [________________________________]

☐ Ground 5: Arbitrary or Capricious Decision
The Final Decision should be reconsidered for the specific reason stated below under the governing agency standard.

Specifically: [________________________________]

☐ Ground 6: Constitutional Violation
The Final Decision violates Petitioner's constitutional rights:
☐ Due process (U.S. Const. amend. XIV; Md. Declaration of Rights art. 24)
☐ Equal protection
☐ Other: [________________________________]

☐ Ground 7: Procedural Error
A material procedural error deprived Petitioner of a fair hearing, in violation of Md. Code, State Gov't § 10-222(h)(3)(iii):
☐ Inadequate notice of hearing or charges
☐ Evidence improperly admitted or excluded (COMAR 28.02.01)
☐ Denial of right to present witnesses or cross-examine
☐ ALJ bias or conflict of interest
☐ Agency failed to comply with COMAR 28.02.01 procedures
☐ Other: [________________________________]

☐ Ground 8: Departure from Agency Precedent or Policy
The Final Decision departs from established agency precedent or policy without adequate explanation.

Prior decision/policy: [________________________________]

☐ Ground 9: OAH Proposed Decision Contrary to Record
The OAH Proposed Decision (and the Agency's adoption of it) mischaracterized or ignored material evidence in the record.

Specifically: [________________________________]

VII. STATEMENT OF FACTS

A. Background

[Provide a numbered, chronological factual narrative:]

1. Petitioner [________________________________] is a [describe: licensed professional / regulated business / applicant / benefit claimant] who [describe relevant background, e.g., holds Maryland [license type] License No. [____], issued by the Agency on [__/__/____]].

2. On [__/__/____], [describe the triggering event or agency action].

3. On [__/__/____], [describe next relevant event].

4. [Continue sequentially.]

B. Factual Errors in the Final Decision

The following specific findings in the Final Decision are factually erroneous or unsupported:

Erroneous Finding 1:

• The Decision states: "[________________________________]"
• The correct fact is: "[________________________________]"
• Evidence: Exhibit [____] / Transcript p. [____]

Erroneous Finding 2:

• The Decision states: "[________________________________]"
• The correct fact is: "[________________________________]"
• Evidence: [________________________________]

VIII. LEGAL ARGUMENT

A. Standard for Reconsideration

An agency-specific statute or regulation may govern reconsideration. Maryland appellate law also recognizes a quasi-judicial agency's limited inherent authority to reconsider for justification and good cause. [Cite the applicable agency rule or state the inherent-authority basis and facts: ________________________________]. Md. Code, State Gov't § 10-222(h) lists grounds for court relief on judicial review; it does not itself authorize agency reconsideration on those grounds. Identify the applicable agency rule or the specific good cause before filing this petition.

B. Maryland APA Judicial Review Standards

Under Md. Code, State Gov't § 10-222(h), on judicial review a court may remand the case for further proceedings, affirm the final decision, or reverse or modify the decision if a substantial right of the petitioner may have been prejudiced because a finding, conclusion, or decision:

• (1) is unconstitutional;
• (2) exceeds the statutory authority or jurisdiction of the final decision maker;
• (3) results from an unlawful procedure;
• (4) is affected by any other error of law;
• (5) is unsupported by competent, material, and substantial evidence in light of the entire record as submitted;
• (6) in a case involving termination of employment or employee discipline, fails to reasonably state the basis for the termination or the nature and extent of the penalty or sanction imposed by the agency; or
• (7) is arbitrary or capricious.

These are grounds for court relief on judicial review. For this agency petition, use the reconsideration authority and grounds identified in Section VIII.A.

C. OAH Proposed Decision and Agency Review

Under Md. Code, State Gov't §§ 10-216 and 10-220, where the OAH Administrative Law Judge is not the final decision maker, the ALJ's proposed decision is submitted to the Agency, and a party adversely affected may file exceptions and present argument that the proposed decision should be affirmed, reversed, or remanded. If a party files exceptions or presents argument, the Agency official(s) making the final decision must personally consider each part of the record cited in the exceptions or argument, and must generally issue the final decision within 90 days after the exceptions are filed or argument presented, whichever is later. The final decision must identify any changes, modifications, or amendments to the proposed decision and state the reasons for them. Md. Code, State Gov't § 10-221. Where the Agency's final decision fails to adequately address a party's timely exceptions or the reasons for departing from the OAH Proposed Decision, that failure is itself a basis for reconsideration and/or judicial review.

D. Argument on Ground 1: [State Ground Title]

[Provide detailed legal argument:]

The Final Decision erred as a matter of law in [________________________________]. Md. Code, [cite title] § [____] / COMAR [____] expressly provides that [________________________________]. The Agency's interpretation is incorrect because [________________________________].

The Maryland Supreme Court (known as the Court of Appeals of Maryland prior to December 14, 2022) / Appellate Court of Maryland (known as the Court of Special Appeals prior to December 14, 2022) in [________________________________] Md. [____] / Md. App. [____] ([year]) held that [________________________________]. Under this controlling authority, [________________________________].

E. Argument on Ground 2: [Insufficient Evidence]

The following findings are not supported by substantial evidence in the record:

Finding [____]: The Agency found [________________________________]. The substantial evidence in the record demonstrates otherwise. [Exhibit [____]] establishes [________________________________]. Testimony of [________________________________] (Tr. p. [____]) states [________________________________]. The Agency's contrary finding is therefore not supported by substantial evidence as required by Md. Code, State Gov't § 10-222(h)(3)(v).

F. [Continue for Each Ground Asserted]

IX. RELIEF REQUESTED

Petitioner respectfully requests that the Agency:

☐ 1. Grant this Petition for Reconsideration.

☐ 2. Vacate the Final Decision in its entirety.

☐ 3. Enter a new final decision in Petitioner's favor: [________________________________]

☐ 4. Modify the Final Decision as follows: [________________________________]

☐ 5. Remand to OAH for further proceedings on: [________________________________]

☐ 6. Stay enforcement of the Final Decision pending resolution of this Petition and any circuit court proceedings.

☐ 7. Reinstate Petitioner's [license/permit/benefits]: [________________________________]

☐ 8. Reduce the [penalty/fine/sanction] from $[____________] to $[____________].

☐ 9. Grant such other and further relief as is just and proper.

X. LIST OF EXHIBITS

XI. MARYLAND-SPECIFIC AGENCY NOTES

This template may be used in proceedings before Maryland state agencies, including:

• Maryland Office of Administrative Hearings (OAH) — neutral hearing body for many state agencies; 11101 Gilroy Road, Hunt Valley, MD 21031; COMAR 28.02.01 governs OAH procedures
• Maryland Department of Health (MDH) — health facility and provider licensing, Medicaid
• Maryland Board of Physicians — physician licensing and discipline
• Maryland Board of Nursing — nursing licensing and discipline
• Maryland Insurance Administration — insurance agent and company licensing
• Maryland Department of the Environment (MDE) — environmental permits and enforcement
• Maryland State Department of Education (MSDE) — educator certification and special education
• Maryland Department of Human Services (DHS) — public assistance, child welfare
• Maryland Department of Labor — unemployment insurance, occupational licensing
• Maryland Department of Assessments and Taxation (SDAT) — property assessment appeals (Maryland Tax Court has separate procedures)
• Maryland Department of Transportation — motor vehicle licensing
• Maryland Real Estate Commission — real estate licensee discipline

OAH vs. Agency-Specific Hearings: The Maryland OAH is the primary contested case hearing body for many agencies. However, some agencies (e.g., Maryland Tax Court, Public Service Commission, Unemployment Insurance Board of Appeals) have their own separate hearing processes with different procedural rules and deadlines. Confirm whether your agency uses OAH or its own process.

Exceptions to Proposed Decision: Under Md. Code, State Gov't §§ 10-216 and 10-220, COMAR 28.02.01, and many agency-specific rules, a party may file written exceptions to an OAH Proposed Decision before the agency issues its final decision. Filing timely exceptions is often required to preserve issues for later reconsideration and judicial review.

XII. VERIFICATION

I, [________________________________], hereby declare under the penalties of perjury under the laws of the State of Maryland that the facts stated in the foregoing Petition for Reconsideration are true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [________________________________], Maryland.

[________________________________]
Signature

[________________________________]
Printed Name

[________________________________]
Title (if on behalf of entity)

XIII. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing Petition for Reconsideration and all exhibits upon the following parties by the method indicated:

Agency Head/Director/Secretary:
Name/Title: [________________________________]
Address: [________________________________]
Method:
☐ Personal delivery
☐ First-class U.S. mail, postage prepaid
☐ Certified mail, return receipt requested
☐ Electronic service (if permitted): [________________________________]

Maryland OAH (if required):
Address: 11101 Gilroy Road, Hunt Valley, MD 21031
Method: [________________________________]

Agency Counsel (Office of the Attorney General):
Name: [________________________________]
Address: [________________________________]
Method: [________________________________]

Other Parties of Record:
Name: [________________________________]
Address: [________________________________]
Method: [________________________________]

[________________________________]
Signature

Date: [__/__/____]

XIV. SIGNATURE BLOCK

Respectfully submitted,

[________________________________]
[Attorney Name / Pro Se Petitioner Name]
[Law Firm, if applicable]
[________________________________]
[Address]
[________________________________]
[City, Maryland, Zip]
Telephone: [____________________________]
Facsimile: [____________________________]
Email: [________________________________]
Maryland Attorney Number (AIS):: [____________________] (if attorney)

Date: [__/__/____]

XV. NEXT STEPS IF PETITION IS DENIED

If Petition is Denied or Agency Does Not Act:

1. Judicial Review — Maryland Circuit Court: Under Md. Code, State Gov't § 10-222(c), a party may seek judicial review of a final agency decision by filing a petition in the circuit court for the county where any party resides or has a principal place of business. Under Md. Rule 7-203, the petition must be filed within thirty (30) days after the latest of:
   • The date of the order or action of which review is sought;
   • The date the agency sent notice of the action to the petitioner, if law required notice to be sent; or
   • The date the petitioner received that notice, if law required notice to be received.

Whether — and how — a timely-filed reconsideration petition affects this deadline depends on the Agency's own enabling statute or regulations; it is not automatically tolled under the general APA. Confirm the specific effect with Maryland counsel before relying on a pending reconsideration petition to defer the judicial-review filing.

2. Standard of Review: Under Md. Code, State Gov't § 10-222(h), the circuit court reviews the administrative record and may remand the case for further proceedings, affirm the final decision, or reverse or modify the decision if a substantial right of the petitioner was prejudiced because the finding, conclusion, or decision is unconstitutional; exceeds the final decision maker's statutory authority or jurisdiction; results from unlawful procedure; is affected by an error of law; is unsupported by competent, material, and substantial evidence in light of the entire record; in an employment-termination or discipline case, fails to reasonably state the basis for the action; or is arbitrary or capricious.

3. Stay of Agency Action: Under Md. Code, State Gov't § 10-222(e), filing a petition for judicial review does not automatically stay enforcement of the final decision. The final decision maker may grant, or the reviewing court may order, a stay on terms considered proper.

4. Further Appeals: Appeals from circuit court decisions proceed to the Appellate Court of Maryland (known as the Court of Special Appeals before December 14, 2022), and further discretionary review may be sought from the Supreme Court of Maryland (known as the Court of Appeals of Maryland before December 14, 2022), the state's highest court.

Important: Deadlines for judicial review are strictly enforced in Maryland. Consult a qualified Maryland attorney immediately upon denial of this Petition to preserve your right to judicial review.

SOURCES AND REFERENCES

• Md. Code, State Gov't § 10-216 (Cases Where Final Decision Maker Does Not Preside Over Hearing): https://mgaleg.maryland.gov/mgawebsite/laws/StatuteText?article=gsg&section=10-216
• Md. Code, State Gov't § 10-220 (Proposed Decisions and Orders): https://mgaleg.maryland.gov/mgawebsite/laws/StatuteText?article=gsg&section=10-220
• Md. Code, State Gov't § 10-221 (Final Decisions and Orders): https://mgaleg.maryland.gov/mgawebsite/laws/StatuteText?article=gsg&section=10-221
• Md. Code, State Gov't § 10-222 (Judicial Review): https://mgaleg.maryland.gov/mgawebsite/laws/StatuteText?article=gsg&section=10-222
• Maryland Rule 7-203 (Time for Filing Petition for Judicial Review): https://govt.westlaw.com/mdc/Document/N83A68EA09CEB11DB9BCF9DAC28345A2A
• Maryland Office of Administrative Hearings (OAH): https://www.oah.maryland.gov/
• COMAR 28.02.01 (OAH Rules of Procedure): https://regs.maryland.gov/us/md/exec/comar/28.02.01
• Maryland Courts — Appealing an Administrative Agency Decision (The Maryland People's Law Library): https://www.peoples-law.org/appealing-administrative-agency-decision
• Maryland Courts — Renaming of Appellate Courts (effective December 14, 2022): https://www.courts.state.md.us/media/news/2022/pr20221214