dlmarion
Active Member
If you have two very similar cases that are decided differently, couldn't that be a violation of the COTUS 14th amendment?
HPRB still in effect?
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Correct. Under Maryland's administrative procedures act the decision of the ALJ will be binding on the parties.
The answer has eluded many of us for years.
- Feb 19, 2013
- 18,765
It is fair in Louisiana.
- Nov 11, 2009
- 30,970
This is what I was told by an MSP official at one of the HPRB meetings.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
AFAIK, the MSP has never appealed a restrictions case to *court.* We shall see if that still holds after HB819 takes effect on Oct. 1, with respect to de novo appeals to the OAH.
In theory but the state (this includes NJ and other may-issues) almost always keeps other applicants' info and "good cause" statements secret specifically because it'll be used against them by another applicant with a similar situation.
They "know it when they see it"
- Nov 11, 2009
- 30,970
FWIW, I was told by one of the MSP "higher-ups" who can occasionally be found at the back of the meeting room that there was one appeal. At the time of the conversation, he indicated that the case occurred "about 19 months ago". That conv took place sometime last year. He didn't reveal the outcome.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Hmm, thanks. That reminds me that there may have been a case, but I am not sure it was on restrictions. I need to look that up on case search.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Right. Louisiana is governed by the Napoleonic Code in state court. The Stare Decisis concept is pretty rare outside the UK and the the US. The EU, for example, does not apply it.
According to MD Judiciary Case search, MSP has not filed an appeal during this administration.
For those so inclined to look, here is an Excel of the appeals against the HPRB by both MSP and applicants:
It's interesting that in her last self-congratulatory email, Del. Geraldine did not mention this at all. Could it be that she's aware of her vote to nullify the only Civilian review of the MSP Licensing scheme?
Got a synopsis yesterday of all bills passed from her successor Vallario (District change). It’s staggering how many months it can now take for a permit denial to wind through the three review layers created by the HPRB bill.
I Remember reading about that case that MSP did appeal. It was a guy who was a MD SPO and where he worked at was in a real shady area when he carried on duty. He applied to carry off duty due to threats against his life and his family as well with that being his G&S. MSP took it to court saying he was not a real police officer even tho he was a SPO. Long story short the court ruled he was a police officer even if he was an SPO and told MSP to issue a concealed permit. I bet that is why MSP "higher ups" did not want to let it be known they were over ruled by the court..
And there was the case of the Vietnam vet who owned the security company and had a permit for years before MSP went waaaaaaaaay out on a limb and denied him his HQL and yanked his permit.
The vet won at the ALJ, got his permit back from the HPRB and MSP appealed the ALJ decision to Circuit Court where their collective pee pees were smacked by the judge.
Not an HPRB case but it does make me smile......
The vet won at the ALJ, got his permit back from the HPRB and MSP appealed the ALJ decision to Circuit Court where their collective pee pees were smacked by the judge.
Not an HPRB case but it does make me smile......
- Feb 19, 2013
- 18,765
ALJ to circuit appeal I do not believe is de novo. The Circuit Court is looking at the ALJ decision and opinion and that is what is on appeal, the record. ALJ, get great deference, and Circuit does not substitute it's reasoning of ALJ unless it is found obviously unreasonable or an error in law. Circuit upholding an ALJ is hardly smacking anything, it is fairly typical. The HPRB to ALJ, has been noted it is a do over. Two totally different appeals. If you get an overturn at HPRB, then MSP decides to take it to ALJ, and they then sustain MSP that is the decision appealed to Circuit. It will be upheld the vast majority of the time as ALJs are professionals applying the statutes, not laymen.
I will be very surprised if the MSP wants to take the time to appeal HGRB decisions unless there is a really good reason.
TD
TD
Good reason = Democrat Governor?
- Feb 19, 2013
- 18,765
I've never noted anything MSP does, that they worry about time. Why would MSP not take another bite? What does it cost them? I can't think of anything. This isn't Asia, saving face is not an issue.
- Apr 26, 2012
- 5,290
...and it's not like they're spending THEIR money...
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