RULE 7-202. METHOD OF SECURING REVIEW
West's Annotated Code of MarylandMaryland Rules
MD Rules, Rule 7-202
RULE 7-202. METHOD OF SECURING REVIEW
IN THE CIRCUIT COURT FOR
[name and address]
FOR JUDICIAL REVIEW OF THE
DECISION OF THE
[name and address of administrative
agency that made the decision]
IN THE CASE OF
[caption of agency proceeding,
including agency case number]
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.
(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.
(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.
[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.]
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).
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.
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.
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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