agency rule (Maryland) · Go Syfert
← Maryland issues

agency rule in Maryland

51 Maryland opinions name it 3 courts 1963–2022 1 in the last five years

The cases below were cited by Maryland courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (38)

CaseFollowedCited
Miller v. Comptroller of Marylandgreen
md · 2007 · cited in 4 Maryland opinions naming this issue, 2009–2010
2 sentences

2010Of course, whether an agency is expressly authorized to impose a particular sanction is a matter of statutory interpretation. “[T]he interpretation of an agency rule is governed by the same principles that govern the interpretation of a Statute.” Miller v. Comptroller, 398 Md. 272, 282 , 920 A.2d 467, 473 (2007) (internal quotation marks and citations omitted).

2010Of course, whether an agency is expressly authorized to impose a particular sanction is a matter of statutory interpretation. “[T]he interpretation of an agency rule is governed by the same principles that govern the interpretation of a Statute.” Miller v. Comptroller, 398 Md. 272, 282 , 920 A.2d 467, 473 (2007) (internal quotation marks and citations omitted).

34
Maryland Commission on Human Relations v. Bethlehem Steel Corp.green
md · 1983 · cited in 4 Maryland opinions naming this issue, 1997–2010
2 sentences

2010Miller v. Comptroller of Maryland, 398 Md. 272, 282 , 920 A.2d 467, 473 (2007) (“ ‘[T]he interpretation of an agency rule is governed by the same principles that govern the interpretation of a statute.’ ”) (quoting Maryland Comm’n on Human Relations v. Bethlehem Steel Corp., 295 Md. 586, 592-93 , 457 A.2d 1146, 1149 (1983)).

2010Miller v. Comptroller of Maryland, 398 Md. 272, 282 , 920 A.2d 467, 473 (2007) (“ ‘[T]he interpretation of an agency rule is governed by the same principles that govern the interpretation of a statute.’ ”) (quoting Maryland Comm’n on Human Relations v. Bethlehem Steel Corp., 295 Md. 586, 592-93 , 457 A.2d 1146, 1149 (1983)).

24
Board of Child Care of the Baltimore Annual Conference of the Methodist Church, Inc. v. Harkergreen
md · 1989 · cited in 3 Maryland opinions naming this issue, 1993–2000
2 sentences

2000Classified Employees Asso., Inc. v. Governor, 325 Md. 19, 33 , 599 A.2d 91, 98 (1991) (“legislative acquiescence in a long-standing administrative construction ‘ “gives rise to a strong presumption that the interpretation is correct” ’ ”); Morris v. Prince George’s County, 319 Md. 597, 613 , 573 A.2d 1346, 1354 (1990) (“long-standing administrative construction of [the statute] and its predecessor statutes by an agency charged with administering them ... is entitled to deference”); Board v. Harker, 316 Md. 683, 699 , 561 A.2d 219, 227 (1989) (“the agency rule is entitled to considerable weight

2000Classified Employees Asso., Inc. v. Governor, 325 Md. 19, 33 , 599 A.2d 91, 98 (1991) (“legislative acquiescence in a long-standing administrative construction ‘ “gives rise to a strong presumption that the interpretation is correct” ’ ”); Morris v. Prince George’s County, 319 Md. 597, 613 , 573 A.2d 1346, 1354 (1990) (“long-standing administrative construction of [the statute] and its predecessor statutes by an agency charged with administering them ... is entitled to deference”); Board v. Harker, 316 Md. 683, 699 , 561 A.2d 219, 227 (1989) (“the agency rule is entitled to considerable weight

23
State v. Ghajarigreen
md · 1997 · cited in 2 Maryland opinions naming this issue, 2015–2015
2 sentences

2015In any event, the canons of statutory interpretation — applicable to interpretation of regulations, see Christopher, 381 Md. at 209 , 849 A.2d at 58 (“[T]he principles governing our interpretation of a statute apply when we interpret an agency rule or regulation.” (Citations omitted)) — provide that where “two statutes, one general and one specific, are found to conflict, the specific statute will be regarded as an exception to the general statute!,]” and “[i]n such a situation, the specific statute is controlling and the general statute is repealed to the extent of the inconsistency.” State v

2015In any event, the canons of statutory interpretation — applicable to interpretation of regulations, see Christopher, 381 Md. at 209 , 849 A.2d at 58 (“[T]he principles governing our interpretation of a statute apply when we interpret an agency rule or regulation.” (Citations omitted)) — provide that where “two statutes, one general and one specific, are found to conflict, the specific statute will be regarded as an exception to the general statute!,]” and “[i]n such a situation, the specific statute is controlling and the general statute is repealed to the extent of the inconsistency.” State v

22
Christopher v. Montgomery County Department of Health & Human Servicesgreen
md · 2004 · cited in 2 Maryland opinions naming this issue, 2015–2015
2 sentences

2015In any event, the canons of statutory interpretation — applicable to interpretation of regulations, see Christopher, 381 Md. at 209 , 849 A.2d at 58 (“[T]he principles governing our interpretation of a statute apply when we interpret an agency rule or regulation.” (Citations omitted)) — provide that where “two statutes, one general and one specific, are found to conflict, the specific statute will be regarded as an exception to the general statute!,]” and “[i]n such a situation, the specific statute is controlling and the general statute is repealed to the extent of the inconsistency.” State v

2015In any event, the canons of statutory interpretation — applicable to interpretation of regulations, see Christopher, 381 Md. at 209 , 849 A.2d at 58 (“[T]he principles governing our interpretation of a statute apply when we interpret an agency rule or regulation.” (Citations omitted)) — provide that where “two statutes, one general and one specific, are found to conflict, the specific statute will be regarded as an exception to the general statute!,]” and “[i]n such a situation, the specific statute is controlling and the general statute is repealed to the extent of the inconsistency.” State v

22
Sinai Hospital of Baltimore, Inc. v. Department of Employment & Traininggreen
md · 1987 · cited in 2 Maryland opinions naming this issue, 1996–2000
2 sentences

2000Classified Employees Asso., Inc. v. Governor, 325 Md. 19, 33 , 599 A.2d 91, 98 (1991) (“legislative acquiescence in a long-standing administrative construction ‘ “gives rise to a strong presumption that the interpretation is correct” ’ ”); Morris v. Prince George’s County, 319 Md. 597, 613 , 573 A.2d 1346, 1354 (1990) (“long-standing administrative construction of [the statute] and its predecessor statutes by an agency charged with administering them ... is entitled to deference”); Board v. Harker, 316 Md. 683, 699 , 561 A.2d 219, 227 (1989) (“the agency rule is entitled to considerable weight

2000Classified Employees Asso., Inc. v. Governor, 325 Md. 19, 33 , 599 A.2d 91, 98 (1991) (“legislative acquiescence in a long-standing administrative construction ‘ “gives rise to a strong presumption that the interpretation is correct” ’ ”); Morris v. Prince George’s County, 319 Md. 597, 613 , 573 A.2d 1346, 1354 (1990) (“long-standing administrative construction of [the statute] and its predecessor statutes by an agency charged with administering them ... is entitled to deference”); Board v. Harker, 316 Md. 683, 699 , 561 A.2d 219, 227 (1989) (“the agency rule is entitled to considerable weight

22
Morris v. Prince George's Countygreen
md · 1990 · cited in 2 Maryland opinions naming this issue, 1996–2000
2 sentences

2000Classified Employees Asso., Inc. v. Governor, 325 Md. 19, 33 , 599 A.2d 91, 98 (1991) (“legislative acquiescence in a long-standing administrative construction ‘ “gives rise to a strong presumption that the interpretation is correct” ’ ”); Morris v. Prince George’s County, 319 Md. 597, 613 , 573 A.2d 1346, 1354 (1990) (“long-standing administrative construction of [the statute] and its predecessor statutes by an agency charged with administering them ... is entitled to deference”); Board v. Harker, 316 Md. 683, 699 , 561 A.2d 219, 227 (1989) (“the agency rule is entitled to considerable weight

2000Classified Employees Asso., Inc. v. Governor, 325 Md. 19, 33 , 599 A.2d 91, 98 (1991) (“legislative acquiescence in a long-standing administrative construction ‘ “gives rise to a strong presumption that the interpretation is correct” ’ ”); Morris v. Prince George’s County, 319 Md. 597, 613 , 573 A.2d 1346, 1354 (1990) (“long-standing administrative construction of [the statute] and its predecessor statutes by an agency charged with administering them ... is entitled to deference”); Board v. Harker, 316 Md. 683, 699 , 561 A.2d 219, 227 (1989) (“the agency rule is entitled to considerable weight

22
Maryland Classified Employees Ass'n v. Schaefergreen
md · 1991 · cited in 2 Maryland opinions naming this issue, 1996–2000
2 sentences

2000Classified Employees Asso., Inc. v. Governor, 325 Md. 19, 33 , 599 A.2d 91, 98 (1991) (“legislative acquiescence in a long-standing administrative construction ‘ “gives rise to a strong presumption that the interpretation is correct” ’ ”); Morris v. Prince George’s County, 319 Md. 597, 613 , 573 A.2d 1346, 1354 (1990) (“long-standing administrative construction of [the statute] and its predecessor statutes by an agency charged with administering them ... is entitled to deference”); Board v. Harker, 316 Md. 683, 699 , 561 A.2d 219, 227 (1989) (“the agency rule is entitled to considerable weight

2000Classified Employees Asso., Inc. v. Governor, 325 Md. 19, 33 , 599 A.2d 91, 98 (1991) (“legislative acquiescence in a long-standing administrative construction ‘ “gives rise to a strong presumption that the interpretation is correct” ’ ”); Morris v. Prince George’s County, 319 Md. 597, 613 , 573 A.2d 1346, 1354 (1990) (“long-standing administrative construction of [the statute] and its predecessor statutes by an agency charged with administering them ... is entitled to deference”); Board v. Harker, 316 Md. 683, 699 , 561 A.2d 219, 227 (1989) (“the agency rule is entitled to considerable weight

22
Prince George's County v. Blumberggreen
md · 1980 · cited in 2 Maryland opinions naming this issue, 1985–1991
2 sentences

1991Even under this language, we took the position that where a hearing was provided for in connection with a *667 permit or license, the proceeding was a “contested case.” See, e.g., Prince George’s Co. v. Blumberg, 288 Md. 275, 294-296 , 418 A.2d 1155, 1166-1167 (1980), cert. denied, 449 U.S. 1083 , 101 S.Ct. 869 , 66 L.Ed.2d 808 (1981) (water and sewer permits); Kaufman v. Taxicab Bureau, 236 Md. 476, 479-480, 484 , 204 A.2d 521, 523, 525 (1964), cert. denied, 382 U.S. 849 , 86 S.Ct. 95 , 15 L.Ed.2d 88 (1965) (application for taxicab operator’s license).

1991Even under this language, we took the position that where a hearing was provided for in connection with a *667 permit or license, the proceeding was a “contested case.” See, e.g., Prince George’s Co. v. Blumberg, 288 Md. 275, 294-296 , 418 A.2d 1155, 1166-1167 (1980), cert. denied, 449 U.S. 1083 , 101 S.Ct. 869 , 66 L.Ed.2d 808 (1981) (water and sewer permits); Kaufman v. Taxicab Bureau, 236 Md. 476, 479-480, 484 , 204 A.2d 521, 523, 525 (1964), cert. denied, 382 U.S. 849 , 86 S.Ct. 95 , 15 L.Ed.2d 88 (1965) (application for taxicab operator’s license).

22
Maryland Transportation Authority v. Kinggreen
md · 2002 · cited in 2 Maryland opinions naming this issue, 2003–2010
2 sentences

2010Auth. v. King, 369 Md. 274, 288-89 , 799 A.2d 1246, 1254 (2002)); see also Noland, 386 Md. at 574 n. 3, 873 A.2d at 1156 n. 3 (“[A] reviewing court must determine if the administrative decision is premised upon an erroneous conclusion of law.” (internal quotation marks and citations omitted)). “[T]he interpretation of an agency rule is governed by the same principles that govern the interpretation of a Statute.” Miller v. Comptroller of Md., 398 Md. 272, 282 , 920 A.2d 467, 473 (2007) (internal quotation marks and citations omitted).

2010Auth. v. King, 369 Md. 274, 288-89 , 799 A.2d 1246, 1254 (2002)); see also Noland, 386 Md. at 574 n. 3, 873 A.2d at 1156 n. 3 (“[A] reviewing court must determine if the administrative decision is premised upon an erroneous conclusion of law.” (internal quotation marks and citations omitted)). “[T]he interpretation of an agency rule is governed by the same principles that govern the interpretation of a Statute.” Miller v. Comptroller of Md., 398 Md. 272, 282 , 920 A.2d 467, 473 (2007) (internal quotation marks and citations omitted).

12
American Farm Lines v. Black Ball Freight Servicegreen
scotus · 1970 · cited in 2 Maryland opinions naming this issue, 1978–2003
2 sentences

2003However, in Morgan , the Fourth Circuit noted that although the Accardi doctrine originally contemplated that an agency’s failure to comply with its own rules would automatically nullify its action, referring to Heffner , the Supreme Court has since required that claimants demonstrate prejudice resulting from the violation unless “the rules were not intended primarily to confer important procedural benefits upon individuals in the face of otherwise unfettered discretion” or unless “an agency required by rule to exercise independent discretion has failed to do so.” Morgan, 193 F.3d at 267 (quot

2003However, in Morgan , the Fourth Circuit noted that although the Accardi doctrine originally contemplated that an agency’s failure to comply with its own rules would automatically nullify its action, referring to Heffner , the Supreme Court has since required that claimants demonstrate prejudice resulting from the violation unless “the rules were not intended primarily to confer important procedural benefits upon individuals in the face of otherwise unfettered discretion” or unless “an agency required by rule to exercise independent discretion has failed to do so.” Morgan, 193 F.3d at 267 (quot

12
Blumberg v. Prince George's Countygreen
scotus · 1981 · cited in 2 Maryland opinions naming this issue, 1985–1991
2 sentences

1991Even under this language, we took the position that where a hearing was provided for in connection with a *667 permit or license, the proceeding was a “contested case.” See, e.g., Prince George’s Co. v. Blumberg, 288 Md. 275, 294-296 , 418 A.2d 1155, 1166-1167 (1980), cert. denied, 449 U.S. 1083 , 101 S.Ct. 869 , 66 L.Ed.2d 808 (1981) (water and sewer permits); Kaufman v. Taxicab Bureau, 236 Md. 476, 479-480, 484 , 204 A.2d 521, 523, 525 (1964), cert. denied, 382 U.S. 849 , 86 S.Ct. 95 , 15 L.Ed.2d 88 (1965) (application for taxicab operator’s license).

1991Even under this language, we took the position that where a hearing was provided for in connection with a *667 permit or license, the proceeding was a “contested case.” See, e.g., Prince George’s Co. v. Blumberg, 288 Md. 275, 294-296 , 418 A.2d 1155, 1166-1167 (1980), cert. denied, 449 U.S. 1083 , 101 S.Ct. 869 , 66 L.Ed.2d 808 (1981) (water and sewer permits); Kaufman v. Taxicab Bureau, 236 Md. 476, 479-480, 484 , 204 A.2d 521, 523, 525 (1964), cert. denied, 382 U.S. 849 , 86 S.Ct. 95 , 15 L.Ed.2d 88 (1965) (application for taxicab operator’s license).

12
Green v. H & R BLOCK, INC.green
md · 1999 · cited in 1 Maryland opinions naming this issue, 2022–2022
1 sentence

2022An agency relationship is fiduciary in nature, and its creation “turns on the parties’ intentions as manifested by their agreements or actions.” Green v. H&R Block, Inc., 355 Md. 488, 503 (1999).

11
Department of Natural Resources v. Linchester Sand & Gravel Corp.green
md · 1975 · cited in 1 Maryland opinions naming this issue, 2019–2019
11
Connecticut Department of Public Safety v. Doegreen
scotus · 2003 · cited in 1 Maryland opinions naming this issue, 2012–2012
11
Maryland Aviation Administration v. Nolandgreen
md · 2005 · cited in 1 Maryland opinions naming this issue, 2010–2010
11
Collins v. Stategreen
md · 2004 · cited in 1 Maryland opinions naming this issue, 2010–2010
11
Donocam Assoc. v. Wash. Sub. San. Comm'ngreen
md · 1985 · cited in 1 Maryland opinions naming this issue, 2005–2005
11
Carriage Hill Cabin John, Inc. v. Maryland Health Resources Planning Commissiongreen
mdctspecapp · 1999 · cited in 1 Maryland opinions naming this issue, 2004–2004
11
United States v. Clark Eugene Heffnergreen
ca4 · 1970 · cited in 1 Maryland opinions naming this issue, 2003–2003
11
Morton v. Ruizgreen
scotus · 1974 · cited in 1 Maryland opinions naming this issue, 1998–1998
11
Chrysler Corp. v. Browngreen
scotus · 1979 · cited in 1 Maryland opinions naming this issue, 1998–1998
11
McCullough v. Wittnergreen
md · 1989 · cited in 1 Maryland opinions naming this issue, 1996–1996
11
Maryland-National Capital Park & Planning Commission v. Smithgreen
md · 1993 · cited in 1 Maryland opinions naming this issue, 1996–1996
11
Minnesota Life & Health Insurance Guaranty Ass'n v. Department of Commercegreen
minnctapp · 1987 · cited in 1 Maryland opinions naming this issue, 1994–1994
11
Kaufman v. Taxicab Bureaugreen
md · 1964 · cited in 1 Maryland opinions naming this issue, 1991–1991
11
Van Pelt v. State Board for Community Colleges & Occupational Educationgreen
colo · 1978 · cited in 1 Maryland opinions naming this issue, 1983–1983
11
Concerned Parents of Stepchildren v. Mitchellgreen
utah · 1982 · cited in 1 Maryland opinions naming this issue, 1983–1983
11
Walters v. Petrolane-Northeast Gas Service, Inc.green
me · 1981 · cited in 1 Maryland opinions naming this issue, 1983–1983
11
Roosevelt Hospital v. New York State Labor Relations Boardgreen
ny · 1970 · cited in 1 Maryland opinions naming this issue, 1983–1983
11
Washington State Liquor Control Board v. Washington State Personnel Boardgreen
wash · 1977 · cited in 1 Maryland opinions naming this issue, 1983–1983
11
Colburn v. Personnel Commissiongreen
nh · 1978 · cited in 1 Maryland opinions naming this issue, 1983–1983
11
Rose v. Commercial Fisheries Entry Commissiongreen
alaska · 1982 · cited in 1 Maryland opinions naming this issue, 1983–1983
11
Dorsey v. Beadsgreen
md · 1980 · cited in 1 Maryland opinions naming this issue, 1983–1983
11
Purity Supreme, Inc. v. Attorney Generalgreen
mass · 1980 · cited in 1 Maryland opinions naming this issue, 1983–1983
11
United States v. Larionoffgreen
scotus · 1977 · cited in 1 Maryland opinions naming this issue, 1983–1983
11
Bell v. Phillips Petroleum Co.green
okla · 1982 · cited in 1 Maryland opinions naming this issue, 1983–1983
11
In Re Appeal of Brooksgreen
vt · 1971 · cited in 1 Maryland opinions naming this issue, 1983–1983
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway.

Also cited on this issue (42)

CaseCitedYears
Modular Closet Systems, Inc. v. Comptroller of the Treasury green
md · 1989
2 sentences

2007S.G. § 10 — 202(d)(1) defines a “contested case,” in pertinent part, as “a proceeding before an agency to determine: (i) a right, duty, statutory entitlement, or privilege of a person that is required by statute or constitution to be determined only *143 after an opportunity for an agency hearing....” (Emphasis added.) See Modular Closet Systems, Inc. v. Comptroller of the Treasury, 315 Md. 438, 444 , 554 A.2d 1221 (1989) (defining “contested case” to include only those disputes that, by their nature, entitle a party to an agency hearing, regardless of whether a hearing was actually held); Sta

2007S.G. § 10 — 202(d)(1) defines a “contested case,” in pertinent part, as “a proceeding before an agency to determine: (i) a right, duty, statutory entitlement, or privilege of a person that is required by statute or constitution to be determined only *143 after an opportunity for an agency hearing....” (Emphasis added.) See Modular Closet Systems, Inc. v. Comptroller of the Treasury, 315 Md. 438, 444 , 554 A.2d 1221 (1989) (defining “contested case” to include only those disputes that, by their nature, entitle a party to an agency hearing, regardless of whether a hearing was actually held); Sta

31997–2007
Board of School Commissioners v. James green
mdctspecapp · 1993
2 sentences

2003In Board of School Commissioners of Baltimore City v. James, 96 Md.App. 401, 421-22 , 625 A.2d 361, 372 , cert. denied, 332 Md. 382 , 631 A.2d 452 (1993), the Court of Special Appeals, after discussing the Accardi exception, stated: “Similarly, a failure to comply with a published statement of ‘policy,’or ‘internal documents’ to guide employees, or agency ‘guidelines,’ has been held not to invalidate agency action, absent a showing of prejudice.” [Citations omitted.] [Emphasis added.] *484 Then, in Anastasi v. Montgomery County, 123 Md.App. 472 , 491 n. 8, 719 A.2d 980 , 990 n. 8 (1998), the C

2003In Board of School Commissioners of Baltimore City v. James, 96 Md.App. 401, 421-22 , 625 A.2d 361, 372 , cert. denied, 332 Md. 382 , 631 A.2d 452 (1993), the Court of Special Appeals, after discussing the Accardi exception, stated: “Similarly, a failure to comply with a published statement of ‘policy,’or ‘internal documents’ to guide employees, or agency ‘guidelines,’ has been held not to invalidate agency action, absent a showing of prejudice.” [Citations omitted.] [Emphasis added.] *484 Then, in Anastasi v. Montgomery County, 123 Md.App. 472 , 491 n. 8, 719 A.2d 980 , 990 n. 8 (1998), the C

31998–2003
Anastasi v. Montgomery County green
mdctspecapp · 1998
2 sentences

2003In Board of School Commissioners of Baltimore City v. James, 96 Md.App. 401, 421-22 , 625 A.2d 361, 372 , cert. denied, 332 Md. 382 , 631 A.2d 452 (1993), the Court of Special Appeals, after discussing the Accardi exception, stated: “Similarly, a failure to comply with a published statement of ‘policy,’or ‘internal documents’ to guide employees, or agency ‘guidelines,’ has been held not to invalidate agency action, absent a showing of prejudice.” [Citations omitted.] [Emphasis added.] *484 Then, in Anastasi v. Montgomery County, 123 Md.App. 472 , 491 n. 8, 719 A.2d 980 , 990 n. 8 (1998), the C

2003In Board of School Commissioners of Baltimore City v. James, 96 Md.App. 401, 421-22 , 625 A.2d 361, 372 , cert. denied, 332 Md. 382 , 631 A.2d 452 (1993), the Court of Special Appeals, after discussing the Accardi exception, stated: “Similarly, a failure to comply with a published statement of ‘policy,’or ‘internal documents’ to guide employees, or agency ‘guidelines,’ has been held not to invalidate agency action, absent a showing of prejudice.” [Citations omitted.] [Emphasis added.] *484 Then, in Anastasi v. Montgomery County, 123 Md.App. 472 , 491 n. 8, 719 A.2d 980 , 990 n. 8 (1998), the C

32002–2003
Carven v. State Retirement & Pension System green
md · 2010
2 sentences

2020These permits implicate a mixture of federal and state statutes and regulations. “[T]he interpretation of an agency rule is governed by the same principles that govern the interpretation of a statute.” Kor-Ko, 451 Md. at 416 (quoting Carven, 416 Md. at 407 ).

2011In Bouie v. New Jersey Department of Community Affairs, 407 N.J.Super. 518 , 972 A.2d 401 (2009), the New Jersey intermediate appellate court held, inter alia, that the HCYP benefits termination hearing required by federal law was a “contested case” under the New Jersey APA. 14 Codified at N.J.S.A. 52:14B-2(b), the New Jersey APA defines a “contested case” as “a proceeding, including any licensing proceeding, in which the legal rights, duties, obligations, privileges, benefits or other legal relations of specific parties are required by constitutional right or by statute to be determined by an

22011–2020
Kushell v. Department of Natural Resources green
md · 2005
2 sentences

2010Our primary objective “is to ascertain and effectuate the intent of the Legislature.” Kushell, 385 Md. at 576 , 870 A.2d at 193 .

2010Our primary objective “is to ascertain and effectuate the intent of the Legislature.” Kushell, 385 Md. at 576 , 870 A.2d at 193 .

22010–2010
Maryland Pharmacists Ass'n v. Office of Attorney General green
mdctspecapp · 1997
2 sentences

2007Pharmacists Ass’n, Inc. v. Office of the Attorney Gen., 115 Md.App. 650, 656 , 694 A.2d 492 (explaining that a “contested case” is “a proceeding before, or a dispute with, an agency that entitles a party to an agency hearing”), cert. denied, 347 Md. 154, 699 A.2d 1168 (1997).

2007Pharmacists Ass’n, Inc. v. Office of the Attorney Gen., 115 Md.App. 650, 656 , 694 A.2d 492 (explaining that a “contested case” is “a proceeding before, or a dispute with, an agency that entitles a party to an agency hearing”), cert. denied, 347 Md. 154, 699 A.2d 1168 (1997).

22005–2007
General Motors Corp. v. Bark green
mdctspecapp · 1989
2 sentences

2004General Motors Corp. v. Bark, 79 Md.App. 68, 88-89 , 555 A.2d 542 (1989).

2004General Motors Corp. v. Bark, 79 Md.App. 68, 88-89 , 555 A.2d 542 (1989).

22002–2004
BOARD OF EDUC. OF AA CTY. v. Barbano green
mdctspecapp · 1980
2 sentences

2002In determining whether an agency rule has sufficient force and effect to trigger an application of the Accardi doctrine, Maryland courts generally look to see whether it “affects individual rights and obligations,” See James, 96 Md.App. at 422, 625 A.2d 361 (quoting Peter Raven-Han sen, Regulatory Estoppel: When Agencies Break Their Own “Laws”, 64 Tex. L.Rev. 1, 16 (1985)), or whether it confers “important procedural benefits upon individuals.” Board of Education of Anne Arundel County v. Barbano, 45 Md.App. 27, 41 , 411 A.2d 124 (1980).

2002In determining whether an agency rule has sufficient force and effect to trigger an application of the Accardi doctrine, Maryland courts generally look to see whether it “affects individual rights and obligations,” See James, 96 Md.App. at 422, 625 A.2d 361 (quoting Peter Raven-Han sen, Regulatory Estoppel: When Agencies Break Their Own “Laws”, 64 Tex. L.Rev. 1, 16 (1985)), or whether it confers “important procedural benefits upon individuals.” Board of Education of Anne Arundel County v. Barbano, 45 Md.App. 27, 41 , 411 A.2d 124 (1980).

21998–2002
Slutter v. Homer green
md · 1966
2 sentences

1969In short, the agency doctrine is predicated on a status rather than on inference of fact.” ( 244 Md. at 139 , 223 A. 2d at 145 .) As Judge Oppenheimer indicated, the imputation of negligence depends upon the existence of a state of facts establishing the owner’s right to control, and accordingly, the presumption may be rebutted by a showing of a contrary state of facts.

1969In short, the agency doctrine is predicated on a status rather than on inference of fact.” ( 244 Md. at 139 , 223 A. 2d at 145 .) As Judge Oppenheimer indicated, the imputation of negligence depends upon the existence of a state of facts establishing the owner’s right to control, and accordingly, the presumption may be rebutted by a showing of a contrary state of facts.

21969–1999
United States Ex Rel. Accardi v. Shaughnessy red
scotus · 1954
2 sentences

1998Accardi v. Shaughnessy, 347 U.S. 260, 268 , 74 S.Ct. 499 , 98 L.Ed. 681 (1954)). 8 In determining whether an agency rule has sufficient force and effect to trigger an application of the Accardi doctrine, Maryland courts generally look to see whether it “affects individual rights and obligations,” See James, 96 Md.App. at 422 , 625 A.2d 361 (quoting Peter Raven-Hansen, Regulatory Estoppel: When Agencies Break Their Own “Laws”, 64 Tex. L.Rev. 1, 16 (1985)), or whether it confers “important procedural benefits upon individuals.” Board of Education of Anne Arundel County v. Barbano, 45 Md.App. 27,

1998Accardi v. Shaughnessy, 347 U.S. 260, 268 , 74 S.Ct. 499 , 98 L.Ed. 681 (1954)). 8 In determining whether an agency rule has sufficient force and effect to trigger an application of the Accardi doctrine, Maryland courts generally look to see whether it “affects individual rights and obligations,” See James, 96 Md.App. at 422 , 625 A.2d 361 (quoting Peter Raven-Hansen, Regulatory Estoppel: When Agencies Break Their Own “Laws”, 64 Tex. L.Rev. 1, 16 (1985)), or whether it confers “important procedural benefits upon individuals.” Board of Education of Anne Arundel County v. Barbano, 45 Md.App. 27,

21978–1998
Eliason v. State Roads Commission green
scotus · 1963
2 sentences

1985Article 41, § 255 of the Administrative Procedure Act grants the right to judicial review to any party “aggrieved by a final decision in a contested case.” A “contested case” was defined in Art. 41, § 244(d) as “a proceeding before an agency in which the legal rights, duties, statutory entitlements, or privileges of specific parties are required by law or constitutional right to be determined after an agency hearing.” 5 Unless otherwise required by statute, “the necessity of a hearing in an administrative proceeding depends on the character of the proceeding and the nature of the interest of t

1980A "contested case” is defined in the APA as "a proceeding before an agency in which the legal rights, duties, statutory entitlements, or privileges of specific parties are required by law or constitutional right to be determined after an agency hearing.” Ordinarily, unless otherwise required by statute, "the necessity of a hearing in an administrative proceeding depends on the character of the proceeding and the nature of the interest of the person seeking relief.” Eliason v. State Roads Comm., 231 Md. 257, 260 , 189 A.2d 649, 651 , cert. denied, 375 U.S. 914 (1963). "[W]here a public administ

21980–1985
Eliason v. State Roads Commission green
md · 1963
2 sentences

1985Article 41, § 255 of the Administrative Procedure Act grants the right to judicial review to any party “aggrieved by a final decision in a contested case.” A “contested case” was defined in Art. 41, § 244(d) as “a proceeding before an agency in which the legal rights, duties, statutory entitlements, or privileges of specific parties are required by law or constitutional right to be determined after an agency hearing.” 5 Unless otherwise required by statute, “the necessity of a hearing in an administrative proceeding depends on the character of the proceeding and the nature of the interest of t

1985Article 41, § 255 of the Administrative Procedure Act grants the right to judicial review to any party “aggrieved by a final decision in a contested case.” A “contested case” was defined in Art. 41, § 244(d) as “a proceeding before an agency in which the legal rights, duties, statutory entitlements, or privileges of specific parties are required by law or constitutional right to be determined after an agency hearing.” 5 Unless otherwise required by statute, “the necessity of a hearing in an administrative proceeding depends on the character of the proceeding and the nature of the interest of t

21980–1985
Albert v. Public Service Commission green
md · 1956
2 sentences

1985Article 41, § 255 of the Administrative Procedure Act grants the right to judicial review to any party “aggrieved by a final decision in a contested case.” A “contested case” was defined in Art. 41, § 244(d) as “a proceeding before an agency in which the legal rights, duties, statutory entitlements, or privileges of specific parties are required by law or constitutional right to be determined after an agency hearing.” 5 Unless otherwise required by statute, “the necessity of a hearing in an administrative proceeding depends on the character of the proceeding and the nature of the interest of t

1985Article 41, § 255 of the Administrative Procedure Act grants the right to judicial review to any party “aggrieved by a final decision in a contested case.” A “contested case” was defined in Art. 41, § 244(d) as “a proceeding before an agency in which the legal rights, duties, statutory entitlements, or privileges of specific parties are required by law or constitutional right to be determined after an agency hearing.” 5 Unless otherwise required by statute, “the necessity of a hearing in an administrative proceeding depends on the character of the proceeding and the nature of the interest of t

21963–1985
Schwartz v. Maryland Department of Natural Resources green
md · 2005
1 sentence

2022Ramsay, Scarlett & Co., Inc., 302 Md. at 834 ; Schwartz, 385 Md. at 554 .

12022–2022
Ramsay, Scarlett & Co. v. Comptroller of Treasury green
md · 1985
1 sentence

2022Ramsay, Scarlett & Co., Inc., 302 Md. at 834 ; Schwartz, 385 Md. at 554 .

12022–2022
Anne Arundel County v. Muir green
mdctspecapp · 2003
1 sentence

2020Finally, the Court of Appeals added a third requirement in Pollock that a complainant must “show that prejudice to him or her (or it) resulted from the violation in order for the agency decision to be struck down.” Id. at 504 . 15 The doctrine of estoppel does not determine the outcome in this case, nor did the parties raise the issue below, but we note that, although the doctrine of estoppel ordinarily does not apply against the State, it can apply to estop a chartered county on the basis of “positive acts by . . . officers that have induced the action of the adverse party” where the adverse

12020–2020
Kor-Ko Ltd. v. Maryland Department of the Environment green
md · 2017
1 sentence

2020These permits implicate a mixture of federal and state statutes and regulations. “[T]he interpretation of an agency rule is governed by the same principles that govern the interpretation of a statute.” Kor-Ko, 451 Md. at 416 (quoting Carven, 416 Md. at 407 ).

12020–2020
Butz v. Economou green
scotus · 1978
12019–2019
Travers v. Baltimore Police Department green
mdctspecapp · 1997
12013–2013
Bouie v. DEPT. OF COMMUNITY green
njsuperctappdiv · 2009
12011–2011
State v. Maddox green
md · 2010
12011–2011
State Department of Assessments & Taxation v. Clark green
md · 1977
12007–2007
Pollock v. Patuxent Institution Board of Review green
md · 2003
12005–2005
Sugarloaf Citizens Ass'n v. Northeast Maryland Waste Disposal Authority green
md · 1991
12005–2005
Santiago Martinez-Camargo v. Immigration and Naturalization Service, John D. Ashcroft, Kevin D. Rooney, and Brian Perryman green
ca7 · 2002
12003–2003
Marshall v. Lansing green
ca3 · 1988
12003–2003
Pollock v. Patuxent Institution Board of Review green
mdctspecapp · 2002
12003–2003
Jordan Towing, Inc. v. Hebbville Auto Repair, Inc. green
md · 2002
12003–2003
United States v. Morgan green
ca4 · 1999
12003–2003
Angell v. Henneberry green
mdctspecapp · 1992
12001–2001
Consumer Protection Division Office of the Attorney General v. Consumer Publishing Co. green
md · 1985
11999–1999
American Textile Manufacturers Institute, Inc. v. Donovan green
scotus · 1981
11995–1995
Terranova v. Board of Trustees of Fire & Police Employees Retirement System green
mdctspecapp · 1989
11993–1993
Mayor of Annapolis v. Annapolis Waterfront Co. green
md · 1979
11993–1993
Kaufman v. Taxicab Bureau green
scotus · 1965
11991–1991
Banach v. State Commission on Human Relations green
md · 1976
11989–1989
Board of County Commissioners v. Kines green
md · 1965
11979–1979
Yellin v. United States green
scotus · 1963
11978–1978
Vitarelli v. Seaton green
scotus · 1959
11978–1978
Penna. Human Relations Comm. v. U. S. Steel Corp. green
pa · 1974
11976–1976

Statutes the citing opinions construe

MD § Md. Code Ann., State Gov't § 10-202 (4) MD § Md. Code Ann., State Gov't § 10-222 (4) MD § Md. Code Ann., Envir. § 2-404 (3) MD § Md. Code Ann., State Gov't § 10-201 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 373 (1857–2026) TX 175 (1919–2025) CA 157 (1929–2025) WY 130 (1979–2026) WA 92 (1970–2026) IL 91 (1906–2026) FL 82 (1974–2026) OH 73 (1938–2026) OR 62 (1932–2025) IA 59 (1923–2023) MD 51 (1963–2022) NJ 49 (1955–2026) HI 46 (1987–2026) CT 42 (1913–2026) PA 35 (1958–2025) MA 34 (1965–2026) WI 31 (1975–2022) MO 30 (1885–2022) CO 28 (1983–2026) DC 27 (1967–2025) LA 26 (1962–2020) GA 22 (1975–2023) TN 21 (1932–2023) MI 20 (1957–2026) MN 17 (1901–2023) AL 16 (1939–2024) RI 15 (1979–2011) NE 14 (1984–2024) IN 13 (1861–2019) NC 12 (1977–2024) OK 12 (1924–2021) AR 12 (1983–2023) SD 11 (1979–2021) NM 11 (1984–2026) KS 11 (1995–2026) AZ 10 (1972–2025) WV 10 (1993–2023) ME 10 (2000–2025) AK 9 (1980–2025) NV 9 (1914–2022) ID 9 (1910–2024) DE 9 (1912–2026) VT 9 (1983–2025) UT 8 (1988–2024) ND 8 (1985–2000) MS 7 (1900–2010) VA 6 (1921–2024) KY 5 (1934–2025) NH 4 (2001–2023) SC 4 (2002–2018) MT 3 (1993–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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