High Stakes in Maryland Administrative Hearings

At the Maryland state level, administrative hearings are extremely important and are used to decide appeals of administrative agency decisions.  For example, these agency decisions might preclude someone from collecting insurance, result in a suspended driver’s license, or require someone to pay a fine. Generally, before appealing an agency’s decision to a court, a party has to exhaust all administrative remedies, including having an administrative hearing.   

In Maryland, administrative hearings are presided over by Administrative Law Judge (ALJ) and are commonly held by the Office of Administrative Hearings, an executive branch agency.  (Almost half of the administrative hearings are related to issues concerning the Motor Vehicle Administration.) Depending on the matter, after the hearing, the ALJ either makes a decision on the appeal or makes a recommendation to the agency with jurisdiction over the matter.  The agency can choose whether it follows the recommendation. 

Once all administrative remedies are exhausted, a party typically has 30 days to appeal to a court an agency decision by filing a petition for judicial review.  (Filing a petition for agency review does not automatically stop an agency action.  The petitioner has to file a motion with the court to delay the agency action until the court has ruled on the matter.) An appeal can be filed in any county where a party resides or has a principal place of business.  In order to overturn an ALJ’s decision, a reviewing court needs to find that the ALJ’s opinion was arbitrary.  In most instances in Maryland, courts review the administrative decision in the light most favorable to the administrative court.  A court will not reverse an ALJ’s decision simply because it would have ruled differently.  The ALJ’s decision will stand as long as it is legally sufficient and reasonable given the evidence.  (In worker’s compensation cases, the reviewing court will hear the case de novo, meaning the court will issue a new decision and not rely on the Administrative Law Judge’s decision.)  If a party wants to admit additional evidence at the circuit court level, they must provide the court with a good reason why the evidence was not offered at the administrative level.  At the conclusion of the case, the reviewing court can then remand the decision for additional consideration by the ALJ or uphold or reverse the ALJ’s decision.

A Snowstorm Might Subject Someone to Legal Liability

The time during and after snowstorms and freezing rain are very dangerous.  These sorts of storms can cause hazardous conditions.  Properly removing snow from roadways, walkways, and parking lots can limit legal liability. 

Individuals, businesses, and government agencies could be liable for injuries that occur on property they control.  An injured party must prove that the person, business, or government agency (1) controlled the property, (2) had actual or constructive knowledge about the hazard, (3) did not remove the hazard in a sufficient amount of time, and (4) the injury occurred because of the hazard.  Controlled property can include sidewalks, parking lots, roadways, and the areas inside a building.  In the case of snowstorms, snow and ice are hazardous condition.  For example, home owners and renters that do not shovel might be liable to someone that slipped as a result of the slippery conditions.  Also, a business that did not properly shovel the snow from their parking lot or address icy conditions that resulted from re-frozen snow melt might be liable for resulting injuries.

Compared to individuals and government agencies, businesses are likely to be held to a higher standard of care.  Businesses face a higher standard because they invite the public onto their premises for the benefit of the business i.e. to sell goods.  Assuming other factors are met, municipalities are liable for injuries if the condition at the place of the accident was more dangerous than the general conditions throughout the municipality.  In multifamily dwellings, like apartment buildings, the landlord is often responsible for maintaining the sidewalks and would be liable for any resulting injuries, if the other factors are met.

In addition to potential liabilities due to snow and ice, many municipalities will impose a fine on citizens and businesses that do not clear the sidewalks in front of their homes and offices from snow.  The fine varies depending by city and county.  Moreover, some areas restrict where you can put that snow.  For example, in Baltimore County, you cannot place your shoveled snow in the street or in front of a storm drain.   

If you were injured in a storm or are being sued due to alleged negligence, contact Phillip E. Chalker at (443) 961-7345 or phillip@jwallacelaw.com.

Arbitration in Consumer Protection

Sometimes disputes between parties can be solved through arbitration, a process that is often quicker and cheaper than going to court.  Typically, during an arbitration proceeding, two parties present evidence and their arguments to an impartial individual, an arbitrator.  During arbitration, parties can be represented by an attorney and examine witnesses.  Based on the evidence, the arbitrator renders a decision on the matter.  Juries are not used in arbitration.  Under Maryland law, arbitration decisions in matters related to consumer protection are binding, except for limited appeals allowed by the Maryland Uniform Arbitration Act.   

In Maryland, when both the business and the consumer agree, consumer protection matters can be submitted for arbitration by the Consumer Protection Division.  Consumer protection matters include the sale of goods and services, credit, and realty.  In these instances, the arbitrator may award specific performance or the payment by the business to the consumer.  Moreover, in some instances, the arbitrator can award consequential damages. However, claims for punitive damages cannot be arbitrated.

Anyone that conducts business in Maryland can agree to submit all future disputes or a particular class of disputes to arbitration, so long as the dispute is covered by consumer protection regulations and the consumer also agrees to participate in the arbitration. An arbitration agreement must in writing and signed.  If one party is able to amend the arbitration agreement at any time and at their discretion, the arbitration contract might be unenforceable because it would mean that a party is not bound to arbitration. 

If you would like help in your arbitration matters, contact Phillip E. Chalker at (443) 961-7345 or at phillip@jwallacelaw.com.

The Basics of Workers' Compensation

In Maryland, only diseases caused by an employee’s work and accidental personal injuries that arise out of and in the course of employment are covered by workers’ compensation. The accident must have occurred as a result of the employee’s job and have occurred in a time, place, and circumstance related to the job.  Moreover, there has to be an employee-employer relationship.  In most cases, contractors are not considered employees and are ineligible for workers’ compensation. 

If an accident occurs and an employee has a disability that lasts more than three days, the employer must report the accident to the Workers’ Compensation Commission, the employer’s insurance carrier, and the Department of Labor, Licensing, and Regulation.  Similarly, the injured employee needs to send a claim to the Workers’ Compensation Commission.  If the accident is covered by workers’ compensation, the employer and the insurance company are responsible for medical expenses, lost wages, vocational rehabilitation, as well as compensating the employee for a resulting disability, even if the disability is not permanent.

Employers in Maryland are required to have workers’ compensation insurance.  If they do not have insurance, they are subject to a fine between $500 and $5,000 and/or up to a year of jail.  If the employer is a corporation, the officer responsible for the general management of the corporation is the person subject to the penalties. 

If you would like to arrange a consultation please contact Phillip E. Chalker, at (443) 961-7345 or at phillip@jwallacelaw.com.