MICPEL, The Maryland State Bar Association Section of Administrative Law
In Cooperation with the University of Maryland School of Law and the University of Baltimore School of Law
Present:
Click
here for a printable order form
Please fill out the form completely and fax it to MICPEL at 410.659.0647.
4.0 CLE Hours
Thursday, January 29, 2009
8:30 a.m. – 1:15 p.m.
Ecker Business Training Center
6751 Columbia Gateway Drive
Columbia, MD
Why you should attend and what you will learn...
Join in examination of the
Maryland Administrative Procedure Act (“APA”); how and why the APA was first
deployed, the fundamental underpinnings of administrative practice and
procedure, and recent developments in appellate case law. The panelists will
discuss diverse elements of the Act, including agency rulemaking through
regulation, adjudication, declaratory rulings and executive orders. The program
will examine the differences between agency rulemaking and agency adjudication
of contested cases, and the role of parties and counsel in different
proceedings. The program will also explore contested case management under the
APA – the delegation of hearing authority to the Office of Administrative
Hearings (“OAH”), how hearings are conducted, the use of hearsay in
administrative proceedings, the exceptions process and proposed and final
decisions, the alleged bias of a decision-maker, and the use of Chinese walls.
Finally, panelists will review the relationship between agencies, the Office of
Administrative Hearings and the Courts, and the boundaries of judicial review of
administrative decisions including the Court of Appeals’ decisions in King and
Noland.
The program is recommended for civil practitioners at all levels of practice
experience. It will offer insight into the origin of APA process, and how the
Act has developed jurisprudence unique to Maryland. The panelists shall
emphasize how administrative processes work together – from the development of
agency rules, to adjudication and review of contested cases that affect clients
from all walks of life. Whether you represent clients in administrative
hearings, or have clients who are or may be subject to agency regulation, this
program is a must!
FACULTY
Michele J. McDonald, Esq.
Assistant Attorney General, Principal Counsel
Maryland Workers’ Compensation Commission
Baltimore, MD
Program Chair
Andrew H. Baida, Esq.
Rosenberg, Martin & Greenberg, LLP
Baltimore, MD
Sandra Barnes, Esq.
Assistant Attorney General
Department of Human Resources
Baltimore, MD
The Hon. Glenn T. Harrell, Jr.
Court of Appeals of Maryland
Upper Marlboro, MD
Joel A. Smith, Esq.
Kahn, Smith & Collins, P.A.
Baltimore, MD
Program Chair
The Hon. Dennis M. Sweeney
Ellicott City, MD
Jack Tranter, Esq.
Gallagher, Evelius & Jones, LLP
Baltimore, MD
The Hon. Robert A. Zarnoch
Court of Special Appeals
Annapolis, MD
Agenda
8:30 a.m. - 8:45 a.m.
Introduction and Overview
8:45 a.m. - 9:45 a.m.
Historical Overview of the
Maryland APA
- A discussion of the origins and purpose of the MD APA
Hon. Glen T. Harrell, Jr.,
Court of Appeals
Hon. Dennis M. Sweeney (ret.)
9:45 a.m. - 10:45 a.m.
Agency Rulemaking
-What is rulemaking? When is it
required? A discussion of Massey
A comparison of administration adjudication and rulemaking; emergency versus
permanent rules, discussion of
the AELR and regulatory processes,
declaratory rulings, and executive orders
Hon.
Robert A. Zarnoch, Court of Special Appeals
10:45 a.m. - 11:00 a.m. Break
11:00 a.m. - 12:15 p.m.
Contested Case Provisions
and Issues
- What is a contested case? What process is required in
adjudicating a contested case?
- A discussion of issues arising under the APA, including
delegation of cases to the Office of Administrative Hearings, proposed and final
decisions, exceptions,
bias
and Spencer, Chinese walls, and hearsay in administrative proceedings
Jack Tranter, Esq., Gallagher,
Evelius & Jones
Sandra Barnes, Assistant
Attorney General, Department of Human Resources
12:15 p.m. - 1:15 p.m.
Judicial Review under the
APA
- Examination of the case law development of the standard for
review, including King and Noland
- What is the role of the court? What may be reviewed, by
whom, and under what standard?
Joel A. Smith, Esq., Kahn,
Smith & Collins, P.A.
Andrew H. Baida, Esq., Rosenberg, Martin &
Greenberg, LLP
1:15 p.m.
Adjourn
Tuition
MSBA Young Lawyers Section Members o $209
MSBA Administrative Law Section Members o $209
MSBA Members o $229
All Others o $259
MICPEL Passport Holders o $0
Video Replay o $209
PA MCLE Credit Fee ($2/hour) o $10
PA Bar. ID #_____________
Video Replays
9:00 a.m. - 1:30 p.m. for both locations
March 6, 2009; Baltimore
March 13, 2009;
Baltimore
March 20, 2009;
Rockville
March 27, 2009; Rockville
Too Busy to Attend?
Materials and CDs are available thirty (30) days after course
date.
Course Materials $80.64* (Inv. #2603-09)
Audio CDs and Course Materials $154.84* (Inv. #2605-09)
DVDs and Course Materials $197.24* (Inv. #2606-09)
*Price includes tax and shipping
Click
here for a printable order form
Please fill out the form completely and fax it to MICPEL at 410.659.0647.