HPRB still in effect?
- Thread starter F5guy
- Start date
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The board still exists. But after Oct 1, the MSP will have the ability to take an HPRB decision they don’t like and start over again in front of an administrative law judge.
- Nov 14, 2010
- 20,274
By MSP (or PMS), you mean the harpies who prop themselves up at board meetings and in front of Hogan during the bill's signing ?
Attachments
Still patiently waiting for my hearing.
- Feb 19, 2013
- 18,726
I thought they already had the option to appeal the HGRB decision in court.
TD
TD
- Feb 19, 2013
- 18,726
The scheme come October is a big difference, and TBD if MSP uses it when they are overturned. The appeal to an ALJ is "De Novo". To the best of my knowledge, the ALJ does not consider any reasoning or opinion published by the board supporting their ruling. Believe a chance to add more argument, witnesses and such and previous facts on record admitted do not change. I'd liken it to a do over, as the ALJ is not at all scrutinizing why the board came to their decision, it's his ball now. The next step is where it goes to currently, an appeal to Circuit. I have no idea if either side can skip the ALJ after a board decision and go direct to Circuit. I've seen cases taken to Circuit Court, and a Judge will kick it out because a prescribed remedy was skipped, they don't want to be bothered before you try what's been established as protocol.
I'm assuming ALJ rulings are made public. If so where would one go to find them?
Just noticed in that pic that one of the MOMs has a hat on.
That used to be disallowed.
Was she special? Sarc
That used to be disallowed.
Was she special? Sarc
Maybe she practices the same religion as the former Sen Nathaniel Oaks?
In all likelihood these bill signing days are really organized chaos, they rush people in and out so fast that the MSP probably didn't have time to school her on the rules.
Yeah that has to be fun , my wife works Tuesday's when the meetings/hearings are being held so she will have to put in for time off . Be real nice if they cancel on me .
Eruby , the whole scheme would require no crying if the MSP weren't such dicks . We need to get them some hate chicken dropped off .
- Feb 19, 2013
- 18,726
http://decisions-oah.maryland.gov/Pages/Search-Hearings.aspx
interesting Bolded message on the OAH website:
Administrative Law Judges and state agencies are not required to follow previous decisions.
By MSP (or PMS), you mean the harpies who prop themselves up at board meetings and in front of Hogan during the bill's signing ?
Disgusting.
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Yup. ALJ opinions are not binding precedent just like a Circuit Court opinions. The only binding precedent, which they must follow, are decisions from the Court of Special Appeals and Court of Appeals and any applicable Federal Constitutional decisions.
Don't think for a minute the wise-guys in Naptown did not know that .
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
So, quick question. In some circumstances ALJ decisions are merely recommendations and the final decision is still made by the agency. But that usually takes an express statutory provision, which is absent here. So, do I assume correctly that ALJ decisions will be binding on the parties (albeit non-precedential)?
- Nov 11, 2009
- 30,885
If the HPRB and ALJ decisions fail to take into account previous decisions, it would seem that the whole concept of law becomes farcical. How can the same facts in similar cases be adjudicated differently?
It looks shabby somehow, and certainly calls the concept of fairness into question.
Oh, wait . . . Maryland.
It looks shabby somehow, and certainly calls the concept of fairness into question.
Oh, wait . . . Maryland.
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