- Mar 8, 2013
- 6,993
Mooseman - here is the relevant statute for what is supposed to happen after you get the denial from the informal review, i.e. the Secretary/Superintendent's final denial/action:
MD PUBLIC SAFETY § 5-312 Action by Board
Request for review authorized
(a)(1) A person who is denied a permit or renewal of a permit or whose permit is revoked or limited may request the Board to review the decision of the Secretary by filing a written request with the Board within 10 days after receipt of written notice of the Secretary's final action.
(2) A person whose application for a permit or renewal of a permit is not acted on by the Secretary within 90 days after submitting the application to the Secretary may request a hearing before the Board by filing a written request with the Board.
Form of review
(b) Within 90 days after receiving a request to review a decision of the Secretary, the Board shall:
(1) review the record developed by the Secretary; or
(2) conduct a hearing.
Evidence
(c) The Board may receive and consider additional evidence submitted by a party in conducting a review of the decision of the Secretary.
Decision by Board
(d)(1) Based on the Board's consideration of the record and any additional evidence, the Board shall sustain, reverse, or modify the decision of the Secretary.
(2) If the action by the Board results in the denial of a permit or renewal of a permit or the revocation or limitation of a permit, the Board shall submit in writing to the applicant or the holder of the permit the reasons for the action taken by the Board.
Administrative procedures
(e)(1) Any hearing and any subsequent proceedings of judicial review shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article.
(2) Notwithstanding paragraph (1) of this subsection, a court may not order the issuance or renewal of a permit or alter a limitation on a permit pending a final determination of the proceeding.
NOTE: The Board was supposed to act within 90 days and obviously did not. They don't have to have a hearing but at least need to review the record, and if they sustain the denial they are supposed to tell you in writing why they denied the application. If they didn't, their action is arbitrary and subject to judicial review and reversal.
I did not have a chance to pull the corresponding COMAR Reg, but this statute would trump COMAR to the extent its inconsistent.
I am thinking about becoming a statistic as well.
Can't bitch if I don't apply and get denied. Good luck in whatever you decide. If you file a petition for judicial review in the circuit court at least you can do it up your way, and may draw a favorable judge? Likelihood of success would be based on your particulars. However, if you just applied based on self defense and all other lawful purposes its very likely an uphill battle given the decision in Woollard at the 4th Circuit. I am probably still going to apply and make them say no, and see what happens during the review/appeal process.
Take care.
MD PUBLIC SAFETY § 5-312 Action by Board
Request for review authorized
(a)(1) A person who is denied a permit or renewal of a permit or whose permit is revoked or limited may request the Board to review the decision of the Secretary by filing a written request with the Board within 10 days after receipt of written notice of the Secretary's final action.
(2) A person whose application for a permit or renewal of a permit is not acted on by the Secretary within 90 days after submitting the application to the Secretary may request a hearing before the Board by filing a written request with the Board.
Form of review
(b) Within 90 days after receiving a request to review a decision of the Secretary, the Board shall:
(1) review the record developed by the Secretary; or
(2) conduct a hearing.
Evidence
(c) The Board may receive and consider additional evidence submitted by a party in conducting a review of the decision of the Secretary.
Decision by Board
(d)(1) Based on the Board's consideration of the record and any additional evidence, the Board shall sustain, reverse, or modify the decision of the Secretary.
(2) If the action by the Board results in the denial of a permit or renewal of a permit or the revocation or limitation of a permit, the Board shall submit in writing to the applicant or the holder of the permit the reasons for the action taken by the Board.
Administrative procedures
(e)(1) Any hearing and any subsequent proceedings of judicial review shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article.
(2) Notwithstanding paragraph (1) of this subsection, a court may not order the issuance or renewal of a permit or alter a limitation on a permit pending a final determination of the proceeding.
NOTE: The Board was supposed to act within 90 days and obviously did not. They don't have to have a hearing but at least need to review the record, and if they sustain the denial they are supposed to tell you in writing why they denied the application. If they didn't, their action is arbitrary and subject to judicial review and reversal.
I did not have a chance to pull the corresponding COMAR Reg, but this statute would trump COMAR to the extent its inconsistent.
I am thinking about becoming a statistic as well.
Can't bitch if I don't apply and get denied. Good luck in whatever you decide. If you file a petition for judicial review in the circuit court at least you can do it up your way, and may draw a favorable judge? Likelihood of success would be based on your particulars. However, if you just applied based on self defense and all other lawful purposes its very likely an uphill battle given the decision in Woollard at the 4th Circuit. I am probably still going to apply and make them say no, and see what happens during the review/appeal process. Take care.
