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RULE 7-202. METHOD OF SECURING REVIEW

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 7. Appellate and Other Judicial Review in Circuit Court
Chapter 200. Judicial Review of Administrative Agency Decisions
MD Rules, Rule 7-202
RULE 7-202. METHOD OF SECURING REVIEW
(a) By Petition. A person seeking judicial review under this chapter shall file a petition for judicial review in a circuit court authorized to provide the review.
(b) Caption. The Petition shall be captioned as follows:
IN THE CIRCUIT COURT FOR
 
*
*
PETITION OF
 
*
[name and address]
*
*
FOR JUDICIAL REVIEW OF THE
*
CIVIL
DECISION OF THE
*
ACTION
 
*
No. _____
[name and address of administrative
*
agency that made the decision]
*
*
*
IN THE CASE OF
 
*
[caption of agency proceeding,
*
including agency case number]
*
(c) Contents of Petition; Attachments.
(1) Contents. The petition shall:
(A) request judicial review;
(B) identify the order or action of which review is sought;
(C) state whether the petitioner was a party to the agency proceeding, and if the petitioner was not a party to the agency proceeding, state the basis of the petitioner's standing to seek judicial review; and
(D) if the review sought is of a decision of the Workers' Compensation Commission, state whether any issue is to be reviewed on the record before the Commission and, if it is, identify the issue.
No other allegations are necessary.
Committee note: The petition is in the nature of a notice, much like a notice of appeal. The grounds for judicial review, required by former Rule B2 e to be stated in the petition, are now to be set forth in the memorandum filed pursuant to Rule 7-207.
(2) Attachments--Review of Workers' Compensation Commission Decision. If review of a decision of the Workers' Compensation Commission is sought, the petitioner shall attach to the petition:
(A) a certificate that copies of the petition and attachments were served pursuant to subsection (d)(2) of this Rule, and
(B) if no issue is to be reviewed on the record before the Commission, copies of (i) the employee claim form and (ii) all of the Commission's orders in the petitioner's case.
(d) Copies; Filing; Notices.
(1) Notice to Agency. Upon filing the petition, the petitioner shall deliver to the clerk a copy of the petition for the agency whose decision is sought to be reviewed. The clerk shall promptly mail a copy of the petition to the agency, informing the agency of the date the petition was filed and the civil action number assigned to the action for judicial review.
(2) Service by Petitioner in Workers' Compensation Cases. Upon filing a petition for judicial review of a decision of the Workers' Compensation Commission, the petitioner shall serve a copy of the petition, together with all attachments, by first-class mail on the Commission and each other party of record in the proceeding before the Commission. If the petitioner is requesting judicial review of the Commission's decision regarding attorneys' fees, the petitioner also shall serve a copy of the petition and attachments by first-class mail on the Attorney General.
Committee note: The first sentence of this subsection is required by Code, Labor and Employment Article, § 9-737. It does not relieve the clerk from the obligation under subsection (d)(1) of this Rule to mail a copy of the petition to the agency or the agency from the obligation under subsection (d)(3) of this Rule to give written notice to all parties to the agency proceeding.
(3) Notice From Agency to Parties.
(A) Duty. Unless otherwise ordered by the court, the agency, upon receiving the copy of the petition from the clerk, shall give written notice promptly to all parties to the agency proceeding that:
(i) a petition for judicial review has been filed, the date of the filing, the name of the court, and the civil action number; and
(ii) a party who wishes to oppose the petition must file a response within 30 days after the date the agency's notice was sent unless the court shortens or extends the time.
(B) Method. The agency may give the notice by first class mail or, if the party has consented to receive notices from the agency electronically, by electronic means.
(e) Certificate of Compliance. Within five days after mailing or electronic transmission, the agency shall file with the clerk a certificate of compliance with section (d) of this Rule, showing the date the agency's notice was mailed or electronically transmitted and the names and addresses of the persons to whom it was sent. Failure to file the certificate of compliance does not affect the validity of the agency's notice.
Source: This Rule is in part derived from former Rule B2 and is in part new.

Credits

[Adopted March 30, 1993, eff. July 1, 1993; Nov. 21, 1995, eff. Dec. 1, 1995; Dec. 16, 1999, eff. Jan. 1, 2000; March 2, 2015, eff. July 1, 2015; Dec. 13, 2016, eff. Apr. 1, 2017.]

Editors' Notes

HISTORICAL NOTES
1999 Orders
The December 16, 1999, order, in section (b), clarified that the administrative agency that made the decision is the agency that must be named in the caption of the petition; and, in section (d), clarified that the administrative agency that made the decision is the agency to which the clerk mails a copy of the petition; and amended the committee note following subsec. (d)(2).
Derivation:
Maryland Rule of Procedure B2, adopted Sept. 15, 1961, eff. Jan. 1, 1962, amended June 23, 1967, eff. Sept. 1, 1967; April 6, 1984, eff. July 1, 1984, related to how appeals are taken, rescinded March 30, 1993, eff. July 1, 1993.
2015 Orders
The March 2, 2015 order amended the Rule to require identification of any issue to be reviewed on the record of the Workers’ Compensation Commission; to require certain attachments to the petition under certain circumstances; to require service of the petition and attachments on the Attorney General under certain circumstances; to permit electronic service of a certain notice under certain circumstances; and made stylistic changes.
2016 Orders
The December 13, 2016, order amended the Rule to permit an administrative agency to provide a certain notice by electronic means to a party to the agency proceeding if the party has consented to receive notices from the agency electronically and made stylistic changes.
MD Rules, Rule 7-202, MD R CIR CT Rule 7-202
Current with amendments received through February 1, 2019.
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