RULE 7-206. RECORD --GENERALLY
West's Annotated Code of MarylandMaryland Rules
MD Rules, Rule 7-206
RULE 7-206. RECORD --GENERALLY
(b) Contents; Expense of Transcript. The record shall include the transcript of testimony and all exhibits and other papers filed in the agency proceeding, except those papers the parties agree or the court directs may be omitted by written stipulation or order included in the record. If the testimony has been recorded but not transcribed before the filing of the petition for judicial review, the first petitioner, if required by the agency and unless otherwise ordered by the court or provided by law, shall pay the expense of transcription, which shall be taxed as costs and may be apportioned as provided in Rule 2-603. A petitioner who pays the cost of transcription shall file with the agency a certification of costs, and the agency shall include the certification in the record.
(c) Statement in Lieu of Record. If the parties agree that the questions presented by the action for judicial review can be determined without an examination of the entire record, they may sign and, upon approval by the agency, file a statement showing how the questions arose and were decided and setting forth only those facts or allegations that are essential to a decision of the questions. The parties are strongly encouraged to agree to such a statement. The statement, any exhibits to it, the agency's order of which review is sought, and any opinion of the agency shall constitute the record in the action for judicial review.
(e) Shortening or Extending the Time. Upon motion by the agency or any party, the court may shorten or extend the time for transmittal of the record. The court may extend the time for no more than an additional 60 days. The action shall be dismissed if the record has not been transmitted within the time prescribed unless the court finds that the inability to transmit the record was caused by the act or omission of the agency, a stenographer, or a person other than the moving party.
Committee note: Code, Article 2B, § 175(e)(3) provides that the decision of a local liquor board shall be affirmed, modified, or reversed by the court within 90 days after the record has been filed, unless the time is “extended by the court for good cause.”
Source: This Rule is in part derived from former Rule B7 and in part new.
[Adopted March 30, 1993, eff. July 1, 1993. Amended Oct. 31, 2002, eff. Jan. 1, 2003; March 2, 2015, eff. July 1, 2015.]
The October 31, 2002, order, in section (a), in the second sentence substituted “may be apportioned as provided in Rule 2-603” for “apportioned as the court directs”, and added the third sentence, relating to a certification of costs.
Maryland Rule of Procedure B7, adopted Sept. 15, 1961, eff. Jan. 1, 1962, amended April 6, 1984, eff. July 1, 1984; Oct. 5, 1992, eff. Jan. 1, 1993, related to the record, rescinded March 30, 1993, eff. July 1, 1993.
The March 2, 2015 order made the Rule inapplicable to judicial review of decisions of the Workers’ Compensation Commission except under certain circumstances.
MD Rules, Rule 7-206, MD R CIR CT Rule 7-206
Current with amendments received through February 1, 2019.
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