Petition for Judicial Review of Agency Decision - Maryland

PETITION FOR JUDICIAL REVIEW OF AGENCY DECISION

Filing Gate

A Maryland petition under Rule 7-202 is notice-like. Put the grounds and record-based argument in the Rule 7-207 memorandum, not in an enlarged complaint.

Unless a statute or rule provides otherwise, Rule 7-203(a) requires filing within 30 days after the latest of the order or action date, the date the agency sent notice when notice was legally required to be sent, or the date the petitioner received notice when notice was legally required to be received.

Caption and Petition

IN THE CIRCUIT COURT FOR [COUNTY], MARYLAND

PETITION OF

[NAME AND ADDRESS]

FOR JUDICIAL REVIEW OF THE Civil Action No. __________

DECISION OF

[NAME AND ADDRESS OF ADMINISTRATIVE AGENCY]

IN THE CASE OF

[CAPTION OF AGENCY PROCEEDING, INCLUDING AGENCY CASE NUMBER]

PETITION FOR JUDICIAL REVIEW

Petitioner requests judicial review of the following order or action:

[____________________________________________________________]

The order or action was entered or taken on [__/__/____].

Petitioner:

☐ was a party to the agency proceeding; or

☐ was not a party and has standing because:

[____________________________________________________________]

If review is sought from a Workers' Compensation Commission decision:

☐ one or more issues will be reviewed on the Commission record; identify them:

[____________________________________________________________]

☐ no issue will be reviewed on the Commission record, and the required claim form and Commission orders are attached.

No other allegations are necessary under Rule 7-202(c).

Dated: [__/__/____]

Signature: ______________________________

Name / Attorney Number: [________________________________]

Address / Telephone / Email: [________________________________]

Venue

Unless another statute controls, Md. Code, State Gov't § 10-222(c) places the petition in the circuit court for a county where any party resides or has a principal place of business.

Venue facts:

[____________________________________________________________]

Copies and Notice

Upon filing, deliver to the clerk a copy of the petition for the Agency. The clerk mails the copy to the Agency. Unless the court orders otherwise, the Agency then promptly notices all parties to the agency proceeding.

Workers' Compensation review has additional petitioner-service and attachment requirements under Rule 7-202(c)(2) and (d)(2).

Stay

The petition does not stay the agency order or action. Under Rule 7-205 and § 10-222(e), request a stay by motion; after hearing, the court may grant a stay unless prohibited by law, on bond or other conditions it considers proper. The final decision maker may also have statutory authority to grant a stay.

☐ No stay requested

☐ Agency stay requested on [__/__/____]

☐ Court stay motion filed or prepared

Record and Memorandum

Monitor the record under current Rule 7-206. Unless an exception applies, Rule 7-207 requires the petitioner, within 30 days after the clerk sends notice that the record was filed, to file a memorandum containing:

☐ concise questions presented

☐ material facts

☐ argument on each question

☐ citations to authority

☐ record-page and exhibit references

Memorandum deadline: [__/__/____]

Review Grounds and Requested Disposition

In the Rule 7-207 memorandum, state whether substantial rights may have been prejudiced because a finding, conclusion, or decision:

☐ is unconstitutional

☐ exceeds statutory authority or jurisdiction

☐ results from unlawful procedure

☐ is affected by another error of law

☐ lacks competent, material, and substantial evidentiary support on the entire record

☐ in an employment-termination or discipline case, fails reasonably to state the basis for termination or the nature and extent of the penalty or sanction

☐ is arbitrary or capricious

Requested disposition under § 10-222(h) and Rule 7-209:

☐ remand

☐ affirm in part

☐ reverse

☐ modify

☐ other authorized disposition: [________________________________]

Filing Checklist

☐ Final contested-case decision or authorized interlocutory-review basis confirmed

☐ Agency-specific statute checked

☐ Rule 7-203 deadline calculated

☐ Correct circuit court and venue confirmed

☐ Rule 7-202 caption and limited contents used

☐ Copy for Agency delivered to clerk

☐ Special Workers' Compensation requirements checked

☐ Record filing monitored

☐ Rule 7-207 memorandum calendared

☐ Stay handled separately if needed

Sources and References

• Maryland General Assembly, Md. Code, State Gov't § 10-222: https://mgaleg.maryland.gov/mgawebsite/laws/StatuteText?article=gsg&section=10-222
• Maryland Rules, Rule 7-202, Method of Securing Review: https://govt.westlaw.com/mdc/Document/N833AAD709CEB11DB9BCF9DAC28345A2A?viewType=FullText&contextData=(sc.Default)
• Maryland Rules, Rule 7-203, Time for Filing Action: https://govt.westlaw.com/mdc/Document/N83A68EA09CEB11DB9BCF9DAC28345A2A?viewType=FullText&contextData=(sc.Default)
• Maryland Rules, Rule 7-205, Stays: https://govt.westlaw.com/mdc/Document/N848B22409CEB11DB9BCF9DAC28345A2A?viewType=FullText&contextData=(sc.Default)
• Maryland Rules, Rule 7-206, Record—Generally: https://govt.westlaw.com/mdc/Document/N8B89263090E011EFB166DB63783F36B8?viewType=FullText&contextData=(sc.Default)
• Maryland Rules, Rule 7-207, Memoranda: https://govt.westlaw.com/mdc/Document/N84EE29D09CEB11DB9BCF9DAC28345A2A?viewType=FullText&contextData=(sc.Default)
• Maryland Rules, Rule 7-209, Disposition: https://govt.westlaw.com/mdc/Document/N8538A0509CEB11DB9BCF9DAC28345A2A?viewType=FullText&contextData=(sc.Default)