IN THE MATTER OF DOREEN SHING
Administrative law — Medicaid waiver — Motion to compel Ms. Shing is a participant in the Medicaid Community Pathways Waiver program administered by the Developmental Disabilities Administration (“DDA”) of the Maryland Department of Health (“MDH”). In December of 2017, she filed a request for a hearing with the Office of Administrative Hearings (“OAH”) regarding the [&helli[...]
IN THE MATTER OF THE PETITION OF THE MARYLAND OFFICE OF PEOPLE’S COUNSEL
Administrative law — Arbitrary and capricious — Cost recovery This case is before us on appeal from an order of the Circuit Court for Baltimore City affirming a decision of the Maryland Public Service Commission (“PSC” or “Commission”). We are asked to determine whether the Commission acted arbitrarily and capriciously when it approved an August […]
IN THE MATTER OF PAUL AND CATHERINE MURPHY
Administrative law — Environmental rules — Admissibility of evidence Appellants Paul and Catherine Murphy appeal the judgment of the Circuit Court for Baltimore County, which affirmed the decision of the Baltimore County Board of Appeals (“BOA”) that the Murphys violated Baltimore County Code (“BCC”) provisions governing forest conservation by grading their property without com[...]
DIRCK K. BARTLETT, et al. v. TALBOT COUNTY, MARYLAND, et al
Administrative law — County charter — Terms of office This expedited appeal, filed pursuant to Maryland Rule 8-207(b), arises out of a dispute between Appellants Dirck K. Bartlett, John C. North II, William Kennedy, John DeQ. Briggs, III, W. Bruce McConnel, Margaret S. McConnel, and Steven Harris (the “Taxpayer Appellants”) and Lisa M. Ghezzi (“Appellant […]
MOTOR VEHICLE ADMINISTRATION. v. ARIELLE CRUDUP
Administrative law — Untimely termination — Back pay On June 26, 2019, the Motor Vehicle Administration of the Maryland Department of Transportation notified Arielle Crudup that: (1) she was suspended indefinitely from her position as a Customer Agent II, (2) her employment by the MVA was terminated for misconduct, and (3) she was disqualified from […]
IN THE MATTER OF PARDEEP DHILLON
Administrative law — Employment termination — Regulation’s plain language Appellant Pardeep Dhillon appeals the decision of the Circuit Court for Charles County, which upheld the action by the appellee, Maryland Transportation Authority (“MDTA” or “Agency”), to terminate Dhillon’s employment as an MDTA officer for violations of MDTA’s Code of Conduct. Read the opinion
IN THE MATTER OF MAUSEAN CARTER
Administrative law — Prison visits — Substantial evidence Mausean Carter, appellant, appeals from an order by the Circuit Court for Anne Arundel County affirming a decision of the Secretary of the Department of Public Safety and Correctional Services, appellee. Read the opinion
LAVETTA JACKSON v. MARYLAND DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
Administrative law — Employment termination — Sufficient substantive basis This appeal arises from an administrative law judge’s (“ALJ”) decision, concluding that the Maryland Department of Housing and Community Development (“DHCD”) properly terminated Lavetta Jackson (“Jackson”) pursuant to the Code of Maryland Regulations (“COMAR”) 17.04.05.03(G)(1). Read the opinio[...]
DEVIN BATTLEY and LINDBERGH PARK OWNERS ASSOCIATION v. MONTGOMERY COUNTY, MARYLAND
Administrative law — Water Quality Protection Charge credit — Substantial evidence This appeal, brought by Devin Battley and the Lindbergh Park Owners Association (together, “appellants,” or “the LPOA”), involves the denial of Water Quality Protection Charge (“WQPC”) credits to all but five property owners in the Gaithersburg commercial development of Lindbergh Park. Read t[...]
IN THE MATTER OF THE PETITION OF MICHAEL POOL
Administrative law — Law Enforcement Officers’ Bill of Rights — Criminal activity In April 2020, Michael Pool, a former Baltimore City Police Officer, was charged with various administrative charges after he improperly accessed and disseminated certain records while he was a member of the Baltimore City Police Department in January 2019. Read the opinion
IN THE MATTER OF THE PETITION OF DONALD GAFF
Administrative law — Employment termination — Arbitrary and capricious Donald Gaff, appellant and former Baltimore Police Department (“BPD”) police officer, was convicted of misconduct in office. Following a hearing by the BPD Administrative Hearing Board (the “Board”), appellee, Mr. Gaff was terminated from the BPD. Mr. Gaff petitioned for judicial review in the Circuit Court [...]
IN THE MATTER OF PARVIZ IZADJOO
Administrative law — Reclassified job position — Substantial evidence Appellant, Parviz Izadjoo, appeals the Circuit Court for Montgomery County’s order affirming the decision of the Maryland National Capital Park and Planning Commission (“M-NCPPC”) Merit Systems Board (“Board”) reclassifying his position within M-NCPPC. Read the opinion