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RULE 7-401. GENERAL PROVISIONS

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 400. Administrative Mandamus
MD Rules, Rule 7-401
RULE 7-401. GENERAL PROVISIONS
(a) Applicability. The rules in this Chapter govern actions for judicial review of a quasi-judicial order or action of an administrative agency where review is not expressly authorized by law.
Committee note: A writ of mandamus is an appropriate remedy for review of a quasi-judicial order or action of an administrative agency only when no other right of appeal is provided by state or local law. See Heaps v. Cobb, 185 Md. 372 (1945). Ordinarily, administrative finality is required, but see Prince George's County v. Blumberg, 288 Md. 275 (1980) and Holiday Spas v. Montgomery County, 315 Md. 390 (1989).
Cross reference: For judicial review of an order or action of an administrative agency where judicial review is authorized by statute, see Title 7, Chapter 200 of these Rules.
(b) Definition. As used in this Chapter, “administrative agency” means any agency, board, department, district, commission, authority, Commissioner, official, or other unit of the State or of a political subdivision of the State.
Committee note: This Rule does not apply to writs of mandamus in aid of appellate jurisdiction.
Source: This Rule is new.

Credits

[Adopted Nov. 8, 2005, eff. Jan. 1, 2006.]
MD Rules, Rule 7-401, MD R CIR CT Rule 7-401
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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