Where To Find the Law

• Jurisdiction: Maryland

IV. WHERE TO FIND THE LAW

A. State Agencies—Maryland Code Annotated

The Code must be the "first stop" when representing a client before a state-level administrative agency. In most, though not all cases, as is described more fully below, the state Administrative Procedure Act ("APA")¹² will affect the circumstances under which you are representing the client in connection with the State government. In addition, you will want to look at the agency's "organic" statute. This is the only place where one may find the scope of a particular state agency's authority to act. This statute will give information concerning:

1. Agency authority over a particular subject matter.

2. Agency authority to promulgate rules and regulations—this must be checked carefully. If a client is cited for a violation of an agency regulation, the first line of defense, if available, is always an attack upon agency authority to promulgate the regulation in the first instance. Most regulations will be lawful, but never let an unlawful one slip through the cracks.

3. Agency authority to investigate, compel cooperation with investigation, penalize, fine, or order restitution—agencies may not vest themselves with this power by fiat.¹³ The authority must come from the Legislature.

4. Time limitations on filing of complaints, appeals, etc.

5. Specific procedures (for example, the procedural mechanism an insurer must use in order to cancel an automobile liability insurance policy is set out in precise detail in Maryland Code Annotated, Insurance § 27-605(b) (2017 & Supp. 2019) (hereinafter Ins. §___).

It will never pay to rush headlong into any action involving an administrative agency without as much familiarity as you can muster in the available time with the statutes governing that agency. Just remember that agencies typically prescribe a very short reaction or compliance time.

B. State Agencies—Code of Maryland Regulations (COMAR)

Each agency is vested, to a greater or lesser degree, with the ability to enact regulations governing matters within the agency's scope, such as licensing requirements and specific hearing procedures. For most state agencies, these regulations are compiled in the Code of Maryland Regulations (COMAR). One exception is state colleges and universities, whose regulations may be spelled out in catalogues and handbooks. These are generally available online. Properly promulgated regulations have the effect of law; hence, the practitioner must become familiar with the...