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RULE 7-402. PROCEDURES

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 7-402
RULE 7-402. PROCEDURES
(a) Petition and Response. An action for a writ of administrative mandamus is commenced by the filing of a petition, the form, contents, and timing of which shall comply with Rules 7-202 and 7-203. A response to the filing of the petition shall comply with the provisions of Rule 7-204.
(b) Stay. The filing of the petition does not stay the order or action of the administrative agency. The court may grant a stay in accordance with the provisions of Rule 7-205.
(c) Discovery. The court may permit discovery, in accordance with the provisions of Title 2, Chapter 400, that the court finds to be appropriate, but only in cases where the party challenging the agency action makes a strong showing of the existence of fraud or extreme circumstances that occurred outside the scope of the administrative record, and a remand to the agency is not a viable alternative.
(d) Record. If a record exists, the record shall be filed in accordance with the provisions of Rule 7-206. If no record exists, the agency shall provide (1) a verified response that fully sets forth the grounds for its decision and (2) any written materials supporting the decision. The court may remand the matter to the agency for further supplementation of materials supporting the decision.
(e) Memoranda. Memoranda shall be filed in accordance with the provisions of Rule 7-207.
(f) Hearing. The court may hold a hearing. If a hearing is held, additional evidence in support of or against the agency's decision is not allowed unless permitted by law.
Source: This Rule is new.

Credits

[Adopted Nov. 8, 2005, eff. Jan. 1, 2006. Amended April 9, 2018, eff. July 1, 2018.]

Editors' Notes

HISTORICAL NOTES
2018 Orders
The April 9, 2018 order, replaced the word “complaint” in sections (a) and (b) with the word ”petition.”
MD Rules, Rule 7-402, MD R CIR CT Rule 7-402
Current with amendments received through August 1, 2019.
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