Professional Licensing Appeal - Maryland

PROFESSIONAL LICENSING APPEAL — MARYLAND

Table of Contents

1. Appeal Cover Letter
2. Petition for Judicial Review
3. Statement of Issues for Review
4. Grounds for Appeal
5. Motion for Stay of Disciplinary Action Pending Appeal
6. Hearing Procedures
7. Evidence and Record on Appeal
8. Standard of Review
9. Petition for Reinstatement/Restoration of License
10. Common Licensing Boards Directory
11. Document Checklist
12. Practice Tips
13. Sources and References

1. APPEAL COVER LETTER

[__/__/____]

Clerk of the Circuit Court
[________________________________] County
[________________________________]
[________________________________], Maryland [____]

Re: Petition for Judicial Review — [________________________________] v. [________________________________]

Dear Clerk:

Enclosed please find for filing the following documents in the above-referenced matter:

☐ Petition for Judicial Review of Final Decision of [________________________________] (Board/Agency)
☐ Certified copy of Final Decision/Order dated [__/__/____]
☐ Filing fee of $[____]
☐ Certificate of Service upon agency and Maryland Attorney General
☐ Motion for Stay of Agency Action Pending Review (if applicable)
☐ Proposed Order for Stay (if applicable)
☐ Request for Transmission of Administrative Record
☐ Entry of Appearance of Counsel

Please file-stamp the enclosed copies and return them in the self-addressed, stamped envelope provided.

Respectfully submitted,

[________________________________]
Attorney for Petitioner
[________________________________]
[________________________________]
Phone: [________________________________]
Email: [________________________________]
Maryland Bar No. [____]

2. PETITION FOR JUDICIAL REVIEW

IN THE CIRCUIT COURT FOR [________________________________] COUNTY, MARYLAND

[________________________________],
Petitioner,

v. Case No. [________________________________]

[________________________________],
Respondent.

PETITION FOR JUDICIAL REVIEW OF ADMINISTRATIVE AGENCY DECISION

COMES NOW Petitioner, [________________________________], by counsel, and pursuant to Md. Code, State Gov't § 10-222 and Maryland Rules Title 7, Chapter 200, files this Petition for Judicial Review of the final decision of [________________________________] (hereinafter "Board" or "Agency"), and in support thereof states:

I. PARTIES

1. Petitioner [________________________________] is an individual residing at [________________________________], [________________________________] County, Maryland, and holder of [________________________________] License No. [____], issued by the Board.

2. Respondent [________________________________] is a state licensing board or commission organized under the laws of the State of Maryland, with its principal office located at [________________________________], Maryland.

II. JURISDICTION AND VENUE

3. This Court has jurisdiction pursuant to Md. Code, State Gov't § 10-222, which provides for judicial review of final decisions in contested cases.

4. Venue is proper in this Court pursuant to Md. Code, State Gov't § 10-222(b), as: ☐ Petitioner resides in [________________________________] County; ☐ Petitioner has a principal place of business in [________________________________] County; ☐ the action was taken by the agency in [________________________________] County.

III. TIMELINESS

5. On [__/__/____], the Board issued its Final Decision and Order.

6. On [__/__/____], Petitioner received notice of the Board's Final Decision by [________________________________] (certified mail/personal service/electronic service).

7. This Petition is timely filed within thirty (30) days of the date of the Board's Final Decision [or the latest of the applicable dates under Md. Code, State Gov't § 10-222(h)], as required by law.

8. Petitioner has exhausted all administrative remedies available within the agency.

IV. PROCEDURAL HISTORY

9. Petitioner holds a [________________________________] license issued by the Board on [__/__/____].

10. On [__/__/____], the Board initiated charges against Petitioner by filing [________________________________] (Charges/Complaint/Order to Show Cause) alleging [________________________________].

11. The matter was referred to the Office of Administrative Hearings (OAH) for a contested case hearing. [Or: The Board conducted its own hearing.]

12. An evidentiary hearing was conducted before Administrative Law Judge [________________________________] at OAH on [__/__/____].

13. On [__/__/____], the ALJ issued a Proposed Decision containing findings of fact, conclusions of law, and a recommended disposition.

14. On [__/__/____], the Board [________________________________] (adopted/modified/rejected) the ALJ's Proposed Decision and issued its Final Decision and Order, which imposed the following discipline: [________________________________] (revocation/suspension for [____] months/reprimand/probation/fine of $[____]/other conditions).

V. AGENCY ACTION UNDER REVIEW

15. Petitioner seeks judicial review of the Board's Final Decision and Order dated [__/__/____], a copy of which is attached hereto as Exhibit A.

VI. ERRORS AND GROUNDS FOR RELIEF

16. The Board's Final Decision should be reversed, modified, or remanded because:

(a) The decision is not supported by substantial evidence in the record.

(b) The decision is based on an error of law.

(c) The Board acted in an arbitrary or capricious manner.

(d) The Board exceeded its statutory authority.

(e) The Board's decision was made upon unlawful procedure.

(f) The decision violates Petitioner's constitutional rights.

(g) The sanction imposed is disproportionate to the misconduct found.

(h) [________________________________]

VII. RELIEF REQUESTED

WHEREFORE, Petitioner respectfully requests that this Court:

(a) Order the agency to transmit the administrative record to this Court;

(b) Reverse, vacate, or modify the Board's Final Decision and Order;

(c) Reinstate Petitioner's [________________________________] license;

(d) Remand the matter to the Board for further proceedings;

(e) Stay enforcement of the Board's Final Decision and Order pending judicial review;

(f) Award Petitioner costs of this action; and

(g) Grant such other relief as this Court deems just and proper.

Respectfully submitted,

[________________________________]
Attorney for Petitioner
[________________________________]
Maryland Bar No. [____]
[________________________________]
Phone: [________________________________]
Email: [________________________________]

Date: [__/__/____]

VERIFICATION

STATE OF MARYLAND )
) ss.
COUNTY OF [________________] )

I, [________________________________], solemnly affirm under the penalties of perjury that the contents of the foregoing Petition for Judicial Review are true and correct to the best of my knowledge, information, and belief.

[________________________________]
Petitioner

Date: [__/__/____]

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a copy of this Petition for Judicial Review was served upon:

☐ [________________________________] (Board/Agency) at [________________________________]
☐ Office of the Attorney General, 200 Saint Paul Place, Baltimore, Maryland 21202
☐ Office of Administrative Hearings, 11101 Gilroy Rd, Hunt Valley, Maryland 21031 (if applicable)
☐ All other parties of record

By: ☐ First-class mail ☐ Certified mail, return receipt requested ☐ Hand delivery ☐ Electronic service

[________________________________]
Attorney for Petitioner

3. STATEMENT OF ISSUES FOR REVIEW

Petitioner presents the following issues for judicial review:

Issue 1: Whether the Board's findings of fact are supported by substantial evidence in the record.

Issue 2: Whether the Board committed an error of law in interpreting or applying the applicable statutes or regulations.

Issue 3: Whether the Board's decision was arbitrary or capricious.

Issue 4: Whether the Board acted in excess of its statutory authority.

Issue 5: Whether the Board afforded Petitioner adequate due process, including proper notice and opportunity to be heard.

Issue 6: Whether the ALJ's Proposed Decision should have been adopted by the Board without modification.

Issue 7: Whether the disciplinary sanction imposed is excessive or disproportionate to the misconduct.

Issue 8: [________________________________]

4. GROUNDS FOR APPEAL

Under Maryland law, the circuit court reviews the agency's final decision to determine whether:

☐ Substantial Evidence — The decision is supported by substantial evidence in the record, meaning such relevant evidence as a reasonable mind might accept as adequate to support a conclusion, considering the record as a whole.

☐ Error of Law — The agency recognized and applied the correct principles of law.

☐ Arbitrary or Capricious — The agency's decision was not arbitrary, capricious, or unreasonable.

☐ Exceeded Authority — The agency acted within its statutory authority and jurisdiction.

☐ Unlawful Procedure — The agency followed lawful procedures.

☐ Constitutional Violations — The decision does not violate constitutional provisions, including due process.

☐ Findings Support Decision — The agency's decision is supported by its own findings, and those findings are supported by substantial evidence.

☐ Proportionality of Sanction — The sanction bears a reasonable relationship to the misconduct, considering all relevant factors including mitigating circumstances.

Note: Maryland courts review the agency's decision in the light most favorable to the agency. If conflicting evidence or different conclusions can be reached, the court will follow the agency's conclusion if it is reasonable.

5. MOTION FOR STAY OF DISCIPLINARY ACTION PENDING APPEAL

IN THE CIRCUIT COURT FOR [________________________________] COUNTY, MARYLAND

[________________________________], Petitioner,
v.
[________________________________], Respondent.

Case No. [________________________________]

MOTION FOR STAY OF AGENCY DECISION PENDING JUDICIAL REVIEW

COMES NOW Petitioner, [________________________________], and pursuant to Md. Code, State Gov't § 10-226 and Maryland Rule 7-205, moves this Court for an order staying enforcement of the Board's Final Decision and Order dated [__/__/____] pending resolution of the Petition for Judicial Review, and states:

1. Petitioner has timely filed a Petition for Judicial Review of the Board's Final Decision and Order.

2. Under Maryland law, the filing of a petition for judicial review does not automatically stay enforcement of the agency decision. Md. Code, State Gov't § 10-226.

3. The Court may grant a stay upon demonstration of the following factors:

(a) Likelihood of Success on the Merits: Petitioner is likely to prevail because [________________________________].

(b) Irreparable Harm: Without a stay, Petitioner will suffer irreparable harm, including [________________________________] (loss of livelihood, inability to practice profession, damage to professional reputation, harm to patients/clients).

(c) Balance of Harms: The potential harm to Petitioner from enforcement exceeds any harm to Respondent or the public from maintaining the status quo because [________________________________].

(d) Public Interest: A stay will not be detrimental to the public interest because [________________________________].

4. Petitioner is willing to post bond or comply with conditions imposed by the Court during the pendency of the stay.

WHEREFORE, Petitioner respectfully requests that this Court stay enforcement of the Board's Final Decision and Order pending resolution of the Petition for Judicial Review.

[________________________________]
Attorney for Petitioner

6. HEARING PROCEDURES

Maryland Administrative Hearing Process

Role of the Office of Administrative Hearings (OAH):

• The OAH conducts administrative hearings for over 30 state agencies and 200 programs.
• Administrative Law Judges (ALJs) are appointed by the Chief ALJ and are independent of the agencies whose cases they hear.
• The OAH hears professional licensing disciplinary cases when referred by the applicable board.

Initiation of Proceedings:
☐ Board issues charges, complaint, or order to show cause against licensee
☐ Licensee served with notice of charges and right to hearing
☐ Case referred to OAH for contested case hearing (or Board conducts own hearing, depending on statute)

Pre-Hearing:
☐ ALJ assigned by OAH
☐ Pre-hearing conference conducted
☐ Discovery conducted per COMAR 28.02.01 (OAH procedural regulations)
☐ Motions filed (dismissal, summary decision, continuance)
☐ Pre-hearing submissions (exhibit lists, witness lists, stipulations)
☐ Settlement discussions may occur

Contested Case Hearing (Md. Code, State Gov't § 10-209 et seq.):
☐ Hearing conducted by ALJ at OAH
☐ Hearing open to public unless otherwise provided by law
☐ Parties have right to counsel
☐ Testimony under oath; cross-examination permitted
☐ Rules of evidence generally followed, with relaxed standards
☐ Hearing recorded verbatim
☐ Exhibits entered into evidence and made part of the record

Post-Hearing:
☐ ALJ issues Proposed Decision with findings of fact, conclusions of law, and recommended sanction
☐ Parties may file exceptions to the Proposed Decision
☐ Board reviews ALJ's Proposed Decision and the record
☐ Board may adopt, modify, or reject the ALJ's Proposed Decision (Md. Code, State Gov't § 10-215)
☐ Board issues Final Decision and Order
☐ Final Decision served on licensee and all parties

Judicial Review (Circuit Court — Md. Code, State Gov't § 10-222):
☐ Petition filed within 30 days of the final decision
☐ Filed in circuit court of proper venue
☐ Administrative record transmitted to court
☐ Review on the record; no new evidence
☐ Briefing and memoranda per Maryland Rules Title 7, Chapter 200
☐ Court may affirm, reverse, modify, or remand

Further Appeal:
☐ Appeal from Circuit Court to Maryland Court of Special Appeals (now Appellate Court of Maryland)
☐ Petition for certiorari to Maryland Court of Appeals (now Supreme Court of Maryland)

7. EVIDENCE AND RECORD ON APPEAL

Administrative Record

Under Maryland Rule 7-206, the agency shall transmit to the court the original or a certified copy of the record of proceedings. The record includes:

☐ All pleadings, charges, and notices
☐ Motions, orders, and rulings
☐ All evidence admitted at the hearing
☐ ALJ's Proposed Decision
☐ Exceptions filed by parties
☐ Board's Final Decision and Order
☐ Transcript of the hearing
☐ All documentary exhibits
☐ Correspondence and communications of record

Record Costs

☐ Petitioner is generally responsible for the cost of preparing the record
☐ Transcript fees charged by court reporter or OAH
☐ Contact OAH for current fee schedules

Additional Evidence

Maryland judicial review is generally confined to the administrative record. The circuit court does not conduct a de novo hearing. However:

• If the record is incomplete or deficient, the court may remand for additional proceedings
• The court may take additional evidence in extraordinary circumstances

8. STANDARD OF REVIEW

Maryland Scope of Judicial Review

Deference to Agency: Maryland courts review the agency's decision in the light most favorable to the agency. The court does not substitute its judgment for that of the agency on questions of fact.

Two-Step Analysis:

1. Step One — Findings Supported by Substantial Evidence? The court determines whether the agency's findings of fact are supported by substantial evidence in the record. Substantial evidence means "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion."
2. Step Two — Decision Supported by Findings? The court determines whether the agency's decision (including the sanction) is supported by its findings.

Questions of Law: The court reviews questions of law de novo, including whether the agency correctly interpreted and applied the relevant statutes and regulations. However, deference may be given to an agency's interpretation of its own enabling statute if the interpretation is reasonable.

Arbitrary and Capricious Standard: An action is arbitrary or capricious when it is "willful and unreasoning action, without consideration and in disregard of the facts and circumstances of the case."

Board Departure from ALJ's Proposed Decision: When the Board modifies or rejects the ALJ's Proposed Decision, the court gives less deference to the Board's decision than it would if the Board had adopted the ALJ's findings. The Board must articulate adequate reasons for departing from the ALJ's recommended decision.

Proportionality of Sanction: The choice of sanction is within the agency's discretion. However, the court may review whether the sanction is so disproportionate as to be arbitrary, capricious, or an abuse of discretion.

9. PETITION FOR REINSTATEMENT/RESTORATION OF LICENSE

BEFORE THE [________________________________] (Board/Agency)

STATE OF MARYLAND

IN THE MATTER OF THE [________________________________] LICENSE OF:

[________________________________]
License No. [____]

PETITION FOR REINSTATEMENT OF LICENSE

TO THE [________________________________] (Board/Agency):

Petitioner, [________________________________], respectfully petitions the Board for reinstatement of Petitioner's [________________________________] license, which was [________________________________] (revoked/surrendered) on [__/__/____], and in support states:

I. Background

1. Petitioner was licensed as a [________________________________] in Maryland under License No. [____], effective [__/__/____].

2. On [__/__/____], the Board issued its Final Decision and Order of [________________________________] (revocation/surrender) based on [________________________________].

3. The minimum waiting period required before reinstatement under [________________________________] (cite applicable Health Occupations Article section) has elapsed.

II. Grounds for Reinstatement

4. Petitioner has been rehabilitated and is fit to resume practice, as demonstrated by:

☐ Completion of continuing education requirements: [________________________________]
☐ Completion of remedial or retraining programs: [________________________________]
☐ Successful completion of substance abuse treatment and monitoring: [________________________________]
☐ Mental health evaluation and clearance: [________________________________]
☐ Payment of all outstanding fines and costs: [________________________________]
☐ No subsequent criminal convictions: [________________________________]
☐ No subsequent disciplinary actions in any jurisdiction: [________________________________]
☐ Employment and community activity since discipline: [________________________________]
☐ Character reference letters: [________________________________]
☐ Compliance with all conditions of prior order: [________________________________]

III. Supporting Documentation

☐ Personal statement addressing misconduct and rehabilitation
☐ Character reference letters (minimum [____])
☐ Continuing education certificates
☐ Treatment records and completion certificates (with appropriate waivers)
☐ Criminal background check
☐ Evidence of professional competence
☐ Proof of malpractice insurance
☐ Current examination scores (if re-examination required)

IV. Relief Requested

Petitioner respectfully requests that the Board reinstate Petitioner's [________________________________] license, subject to such terms and conditions as the Board deems appropriate.

Date: [__/__/____]

[________________________________]
Petitioner / Attorney for Petitioner

10. COMMON LICENSING BOARDS DIRECTORY

11. DOCUMENT CHECKLIST

Pre-Filing Checklist

☐ Obtain certified copy of Board's Final Decision and Order
☐ Verify filing deadline (30 days — Md. Code, State Gov't § 10-222(h))
☐ Confirm exhaustion of administrative remedies
☐ Identify proper circuit court and county for venue
☐ Check specific licensing statute for any special filing requirements
☐ Calculate filing fee

Filing Checklist

☐ Petition for Judicial Review (original plus copies per Maryland Rules)
☐ Certified copy of Board's Final Decision and Order (Exhibit A)
☐ Filing fee payment
☐ Entry of Appearance
☐ Certificate of Service
☐ Request for Transmission of Administrative Record
☐ Motion for Stay (if seeking stay of enforcement)
☐ Proposed Order for Stay
☐ Information report (if required by local rule)

Service Requirements

☐ Serve Petition on the Board/Agency
☐ Serve Petition on the Office of the Attorney General
☐ Serve the Office of Administrative Hearings (if OAH conducted the hearing)
☐ Serve all other parties of record
☐ File proof of service with the court

Post-Filing Checklist

☐ Monitor transmission of administrative record to court
☐ Review transmitted record for completeness
☐ File objections to the record if necessary
☐ Prepare and file memorandum per Maryland Rule 7-207
☐ Review respondent's memorandum
☐ Prepare and file reply memorandum (if permitted)
☐ Attend hearing/oral argument (if scheduled)
☐ Review court's decision and evaluate further appellate options

12. PRACTICE TIPS

Timing Considerations

• 30-day deadline. Under Md. Code, State Gov't § 10-222(h), the petition must be filed within 30 days of the latest applicable date (date of final decision, date notice was sent, etc.). Verify the specific trigger date carefully.
• Check the licensing statute. Some licensing statutes may provide different or additional deadlines. Always check the specific Health Occupations Article or other enabling statute.
• File promptly. Do not wait until the last day; filing system issues or court closures may create problems.

Strategic Considerations

• Deference is significant. Maryland courts review the agency decision in the light most favorable to the agency. This is a high bar for reversal on factual grounds. Focus on legal errors and procedural irregularities.
• Board departures from ALJ. If the Board departed from the ALJ's Proposed Decision, the court gives less deference to the Board. Argue that the ALJ's findings were correct and the Board's departure was unsupported.
• OAH independence matters. The ALJ at OAH is independent from the licensing board. If the ALJ found in favor of the licensee, the Board's rejection requires heightened scrutiny.
• Stay is not automatic. Filing the petition does not stay enforcement. Seek a stay immediately if the licensee needs to continue practicing.
• Settlement may be available. Consider whether a consent order with modified sanctions is preferable to protracted litigation.

Common Pitfalls

• Missing the 30-day filing deadline
• Filing in the wrong circuit court (check venue requirements)
• Failing to serve the Attorney General
• Not requesting the administrative record promptly
• Raising new issues not preserved during the OAH hearing
• Failing to distinguish between the ALJ's recommendations and the Board's final decision
• Overlooking profession-specific procedural requirements in the Health Occupations Article

Fee and Cost Considerations

• Circuit Court filing fees; check with the clerk for current amounts
• OAH transcript costs borne by petitioner
• Attorney fees generally not recoverable
• Factor in cost of lost income during suspension

13. SOURCES AND REFERENCES

Statutes

• Md. Code, State Gov't § 10-201 et seq. — Administrative Procedure Act (Contested Cases)
• Md. Code, State Gov't § 10-209 — Hearing Procedures
• Md. Code, State Gov't § 10-215 — Decisions and Orders
• Md. Code, State Gov't § 10-222 — Judicial Review
• Md. Code, State Gov't § 10-226 — Stay of Agency Action
• Md. Code, Health Occ. (various titles) — Profession-Specific Licensing
• Maryland Rules Title 7, Chapter 200 — Judicial Review of Administrative Agency Decisions

Online Resources

• Maryland Legislature: https://mgaleg.maryland.gov/
• Maryland Courts — Administrative Appeals: https://www.courts.state.md.us/courthelp/administrativeappeals
• Maryland Office of Administrative Hearings: https://www.oah.maryland.gov/
• Maryland People's Law Library — Appealing Agency Decisions: https://www.peoples-law.org/appealing-administrative-agency-decision
• Maryland Board of Physicians: https://www.mbp.state.md.us/

Key Case Law

• Catonsville Nursing Home v. Loveman, 349 Md. 560 (1998) (substantial evidence standard in licensing cases)
• Anderson v. Department of Public Safety, 330 Md. 187 (1993) (scope of judicial review)
• Maryland Aviation Administration v. Noland, 386 Md. 556 (2005) (deference to agency on factual findings)
• Board of Physician Quality Assurance v. Banks, 354 Md. 59 (1999) (review of licensing board decisions)

This template is provided for informational purposes only and does not constitute legal advice. It must be reviewed and customized by a qualified attorney licensed in Maryland before use. Laws, regulations, and procedures are subject to change. Always verify current requirements with the applicable licensing board and court.

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