PETITION FOR JUDICIAL REVIEW OF ADMINISTRATIVE AGENCY DECISION
(Maryland Administrative Procedure Act, Md. Code, State Gov't § 10-201 et seq.)
AND COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
[CIRCUIT COURT FOR [COUNTY] COUNTY, MARYLAND]
Case No.: _________________
Filed: ____________________
Judge: ____________________
[PETITIONER],
Petitioner,
v.
[RESPONDENT STATE AGENCY],
Respondent.
TABLE OF CONTENTS
- Document Header
- Definitions
- Jurisdiction, Venue & Governing Law
- Parties
- Exhaustion of Administrative Remedies
- Statement of Facts
- Claims for Relief
7.1 First Cause of Action – Judicial Review of Agency Decision
7.2 Second Cause of Action – Declaratory Relief
7.3 Third Cause of Action – Injunctive Relief - Prayer for Relief
- Verification
- Signature Block
[// GUIDANCE: Remove or update automatic page numbering once final formatting is applied in word-processing software.]
1. DOCUMENT HEADER
1.1 Effective Date. This Petition and Complaint (the "Petition") is deemed filed on the date reflected by the Clerk's endorsement.
1.2 Recitals.
(a) Respondent [STATE AGENCY] ("Agency") issued a final decision dated [DATE OF DECISION] (the "Decision") imposing [DESCRIBE PENALTY/ORDER] against Petitioner.
(b) Petitioner timely seeks judicial review pursuant to the Maryland Administrative Procedure Act (Md. Code, State Gov't § 10-201 et seq.).
(c) Petitioner additionally seeks declaratory and injunctive relief to prevent enforcement of the Decision pending final determination of this proceeding.
2. DEFINITIONS
For ease of reference, the following capitalized terms have the meanings set forth below:
"Administrative Record" – the complete record of the underlying agency proceeding compiled pursuant to the Maryland APA.
"Agency" – [RESPONDENT STATE AGENCY FULL FORMAL NAME] and, where appropriate, its officers, employees, agents, subdivisions, boards, and successors.
"Decision" – the final administrative decision, order, or determination issued by Agency on [DATE] in Case No. [AGENCY CASE NO.].
"Petitioner" – [PETITIONER FULL LEGAL NAME], including its officers, directors, employees, agents, successors, and assigns.
[// GUIDANCE: Add or delete defined terms to track the facts of the matter; ensure consistent capitalization throughout.]
3. JURISDICTION, VENUE & GOVERNING LAW
3.1 Statutory Basis. This Court has jurisdiction under the Maryland APA (Md. Code, State Gov't § 10-201 et seq.) for judicial review of final agency action.
3.2 Venue. Venue is proper in this Court because (a) the underlying administrative hearing occurred in [COUNTY] County, (b) the Decision was issued in [COUNTY] County, and/or (c) Petitioner resides or maintains its principal place of business in [COUNTY] County.
3.3 Governing Law. This Petition is governed exclusively by the Maryland Constitution, the Maryland Administrative Procedure Act, and Maryland statutory and decisional law relating to judicial review of agency action. No jury trial is available in administrative review proceedings.
4. PARTIES
4.1 Petitioner. Petitioner [PETITIONER NAME] is a [DESCRIBE ENTITY TYPE] organized under the laws of [STATE] with its principal place of business at [ADDRESS].
4.2 Respondent. Respondent [STATE AGENCY] is a state administrative agency established under [CITE ENABLING STATUTE], with its principal offices at [ADDRESS].
5. EXHAUSTION OF ADMINISTRATIVE REMEDIES
5.1 Petitioner participated fully in the underlying agency proceeding, preserved each objection stated herein, and timely sought internal reconsideration/appeal on [DATE].
5.2 The Agency issued its final Decision on [DATE]. No further intra-agency review is available; therefore, all administrative remedies are exhausted for purposes of the Maryland APA and the exhaustion doctrine.
5.3 This Petition is filed within the statutory limitations period prescribed by Md. Code, State Gov't § 10-222.
[// GUIDANCE: Attach proof of exhaustion—e.g., final decision letter—as Exhibit A.]
6. STATEMENT OF FACTS
6.1 Overview of Proceedings. On [DATE], Agency commenced administrative enforcement against Petitioner alleging [SUMMARY OF ALLEGED VIOLATIONS].
6.2 Evidentiary Hearing. An evidentiary hearing was conducted on [DATE(S)] before [ALJ/HEARING OFFICER NAME] at which Petitioner presented [NUMBER] witnesses and [NUMBER] documentary exhibits.
6.3 The Decision. On [DATE], the Agency adopted the Hearing Officer's proposed decision, finding [FINDINGS] and imposing the following sanctions: [SPECIFY].
6.4 Prejudice to Petitioner. The Decision adversely affects Petitioner by [DESCRIBE HARM: e.g., monetary penalties, license suspension, reputational damage].
7. CLAIMS FOR RELIEF
7.1 FIRST CAUSE OF ACTION
(Judicial Review of Agency Decision – Md. Code, State Gov't § 10-201 et seq.)
7.1.1 Abuse of Discretion. Agency acted in excess of jurisdiction and abused its discretion in that (a) the Decision is not supported by the findings, and (b) the findings are not supported by substantial evidence in the record.
7.1.2 Standard of Review. The Court shall reverse or modify the agency decision if substantial rights of the petitioner may have been prejudiced because the agency action is (a) unconstitutional, (b) in excess of the statutory authority or jurisdiction of the agency, (c) made upon unlawful procedure, (d) affected by error of law, (e) unsupported by competent, material, and substantial evidence in light of the entire record, or (f) arbitrary or capricious.
7.1.3 Procedural Error. Agency failed to proceed in the manner required by law by [e.g., denying a fair hearing, admitting inadmissible evidence, violating procedural requirements].
7.1.4 Relief Requested. Petitioner requests (a) reversal of the Decision, (b) vacation of penalties, and (c) reinstatement of Petitioner's [license/permit/etc.].
7.2 SECOND CAUSE OF ACTION
(Declaratory Relief)
7.2.1 An actual controversy exists regarding the validity, interpretation, and enforcement of the Decision.
7.2.2 Petitioner seeks a judicial declaration that the Decision is void and unenforceable.
7.3 THIRD CAUSE OF ACTION
(Injunctive Relief)
7.3.1 Absent injunctive relief, Petitioner will suffer irreparable harm, including [describe].
7.3.2 Petitioner seeks a temporary stay and permanent injunction barring enforcement of the Decision pending final resolution of this action.
8. PRAYER FOR RELIEF
WHEREFORE, Petitioner respectfully prays for judgment as follows:
A. For an order reversing or vacating the Decision in its entirety and directing Respondent to take any further action consistent with the Court's order;
B. For declaratory judgment that the Decision is null, void, and of no legal effect;
C. For preliminary and permanent injunctive relief enjoining Respondent from enforcing the Decision or from taking any adverse action against Petitioner based thereon;
D. For costs of suit and reasonable attorney's fees as permitted by law;
E. For such other and further relief as the Court deems just and proper.
9. VERIFICATION
I, [NAME], am the [TITLE] of Petitioner [PETITIONER NAME]. I have read the foregoing Petition and know its contents. The matters stated therein are true of my own knowledge, except as to those matters stated on information and belief, and as to those matters, I believe them to be true. I declare under penalty of perjury under the laws of the State of Maryland that the foregoing is true and correct.
Executed on [DATE], at [CITY, STATE].
___________________________________
[NAME]
[Title], [Petitioner]
10. SIGNATURE BLOCK
Respectfully submitted,
[LAW FIRM NAME]
Attorneys for Petitioner [PETITIONER NAME]
By: ___________________________________
[ATTORNEY NAME]
Bar No. [####]
[ADDRESS]
[PHONE] | [EMAIL]
Dated: ____________________
[// GUIDANCE:
1. File a Notice of Lodging of Administrative Record once the agency transmits the record.
2. Concurrently file (or later move for) a request for stay if immediate injunctive relief is required.
3. Serve the Petition on the agency and Attorney General pursuant to Maryland APA requirements.
4. Calendaring: Confirm local rules for status conference timing.]