Judicial Review of Administrative Sanctions: Why Noland Should Be Abandoned
Maryland Bar Journal, Vol. 44, No. 3, pp. 24-26, May/June 2011
5 Pages Posted: 8 May 2011
Date Written: May/June 2011
Abstract
In fulfilling their delegated statutory powers, administrative agencies not only determine whether a regulated party has violated a law within the regulatory authority of the agency, but also what sanction to impose. Indeed, in many cases, the only real issue in the case is the appropriate sanction. Unfortunately, the Court of Appeals in Maryland Aviation Administration v. Noland, 386 Md. 556, 873 A.2d 1145 (2005), held that an agency was not required to justify or articulate the basis of the sanction it imposed. Noland's holding, in my opinion, is contrary to established principles of Administrative Law and is unsound as a matter of policy.
Keywords: Maryland, administrative law, judicial review, administrative sanctions, 386 Md. 556, Maryland Aviation Administration v. Noland, regulatory agencies, courts, findings requirement, judicial review, state employees
JEL Classification: K19, K23, K49
Suggested Citation: Suggested Citation