Petition for Reconsideration (Administrative Agency)

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 Md. Code, State Gov't § 10-219 and COMAR 28.02.01

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 Md. Code, State Gov't § 10-219, the Maryland Administrative Procedure Act (Md. Code, State Gov't § 10-101 et seq.), and COMAR 28.02.01.

I. PRELIMINARY STATEMENT

This Petition for Reconsideration is filed pursuant to the Maryland Administrative Procedure Act and the procedures governing the Maryland Office of Administrative Hearings (OAH). Maryland's OAH, established under Md. Code, State Gov't §§ 9-1601 to 9-1611, provides administrative law judges for contested case hearings for many state agencies. An administrative law judge's proposed decision is reviewed by the agency, and the agency's final decision is subject to reconsideration and judicial review under the Maryland APA.

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 single uniform deadline for reconsideration petitions. The specific deadline is set by the agency's enabling statute or regulations, or by OAH rules. A common framework under Maryland law provides for reconsideration petitions within ten (10) days of the final decision in many OAH proceedings — but this varies by agency. Always confirm the applicable deadline under the specific agency's rules before filing.

II. JURISDICTION AND STATUTORY AUTHORITY

A. Statutory Basis

Authority for this Petition is found in:

• Md. Code, State Gov't § 10-219 (reconsideration of final decision by agency)
• 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)
• [Cite agency-specific rule: ________________________________]

B. Timeliness

☐ This Petition is timely. The Final Decision was issued on [__/__/____] and served on/received by Petitioner on [__/__/____]. Under [cite applicable rule: COMAR [____] / agency regulation ________________________________], a petition for reconsideration must be filed within [____] days of [issuance/service]. This Petition is filed on [__/__/____].

Deadline Calculation:

• Date Final Decision issued: [__/__/____]
• Date served/received by Petitioner: [__/__/____]
• Applicable deadline: [____] days from [issuance/service]
• Filing deadline: [__/__/____]
• Date this Petition filed: [__/__/____]

C. Effect on Judicial Review Deadline

Under Md. Code, State Gov't § 10-222, a party may seek judicial review of a final agency decision in contested cases. The deadline for filing a petition for judicial review in circuit court is generally thirty (30) days after the final agency decision is served. A timely petition for reconsideration may affect this deadline — consult Maryland counsel for the specific tolling effect under the applicable agency's rules and COMAR 28.02.01.

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 Bar No. (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 asserts the following grounds under Md. Code, State Gov't § 10-219 and § 10-222. 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 substantial evidence in the record as a whole, as required by Md. Code, State Gov't § 10-222(h)(3)(v).

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, in violation of Md. Code, State Gov't § 10-222(h)(3)(ii).

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

☐ Ground 5: Arbitrary, Capricious, or Abuse of Discretion
The Final Decision is arbitrary, capricious, or constitutes an abuse of discretion, in violation of Md. Code, State Gov't § 10-222(h)(3)(vi).

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

Under Md. Code, State Gov't § 10-219, an agency may reconsider a final decision upon a timely petition. The same grounds that would support reversal on judicial review under § 10-222 support reconsideration at the agency level. Reconsideration allows the Agency to correct errors before judicial resources are expended.

B. Maryland APA Judicial Review Standards

Under Md. Code, State Gov't § 10-222(h), a court reviewing an agency decision in a contested case shall affirm the decision unless the agency:

• (1) Acted without or in excess of statutory authority;
• (2) Made a decision that was unlawful;
• (3) Made a decision that was arbitrary or capricious;
• (4) Made a decision that was not supported by substantial evidence; or
• (5) Otherwise committed an error of law.

These standards equally guide reconsideration at the agency level.

C. OAH Proposed Decision and Agency Review

In cases heard by the Maryland OAH, the Agency must review the OAH Proposed Decision de novo on questions of law and may accept, reject, or modify the Proposed Decision. Where the Agency adopts an OAH Proposed Decision without adequate review or explanation, reconsideration is particularly appropriate.

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 Court of Appeals / Court of Special Appeals 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 COMAR 28.02.01 and many agency 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 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 Bar No.: [____________________] (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, a party may seek judicial review of a final agency decision in the circuit court of the county where the petitioner resides or has its principal place of business, or where the agency's principal office is located. The petition must be filed within thirty (30) days after the latest of:
   - The date the final agency decision is served on the party; or
   - The date the agency issues a final decision on a timely petition for reconsideration.

2. Standard of Review: Under Md. Code, State Gov't § 10-222(h), the circuit court reviews the administrative record and may reverse, modify, or remand the agency's decision on the grounds specified therein.

3. Stay of Agency Action: A party may petition the circuit court for a stay of the agency's final decision pending judicial review.

4. Further Appeals: Appeals from circuit court decisions proceed to the Maryland Court of Special Appeals, and further review may be sought from the Maryland Court of Appeals (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 §§ 10-201 to 10-226 (Maryland APA — Contested Cases): https://www.peoples-law.org/appealing-administrative-agency-decision
• Maryland Office of Administrative Hearings (OAH): https://www.oah.maryland.gov/
• COMAR Title 28 (OAH Rules of Procedure): http://mdrules.elaws.us/comar/28
• Maryland Courts — Administrative Appeals: https://www.courts.state.md.us/courthelp/administrativeappeals
• Maryland Code, State Government Article: https://codes.findlaw.com/md/state-government/