Washington, DC asked in Appeals / Appellate Law for Maryland

Q: I am trying to locate Circuit section 17-329, Business Occupation Article. It relates to filing an appeal to a DLLR Com

I am trying to file an appeal to a negative decision made by the MD Real Estate Commission from a Complaint that I filed. They refereed to 17-323(d)(3) and 17-329. Can you explain what this is?

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1 Lawyer Answer

Mark Oakley

Answered
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: Maryland's statutes mostly appear in separate "Articles" divided by subject matter, and because your matter involves conduct or alleged wrongdoing of a licensed realtor or other real estate professional, those statutory code sections are found in the Business Occupations and Professions Article, under Title 17 of that Article.

17-323(d) provides:

(1) On completion, an investigation shall be referred directly to the Commission or its designee.

(2) If the Commission or its designee determines there is a reasonable basis to believe any grounds exist for disciplinary action under § 17-322 of this subtitle, the investigation shall be referred for a hearing in accordance with § 17-324 of this subtitle.

(3) A complaint not referred for a hearing by the Commission or its designee shall be dismissed, and any party aggrieved by the decision may take a judicial appeal as provided in § 17-329 of this subtitle.

17-329 provides:

Right to appeal

(a) Any person aggrieved by a final decision of the Commission in a contested case, as defined in § 10-202 of the State Government Article, may take an appeal as allowed in §§ 10-222 and 10-223 of the State Government Article.

Stay pending review

(b) Except as provided in subsection (c) of this section, unless stayed by the Commission or a court, a decision of the Commission is not stayed pending review.

Bond requirement

(c) A court may grant a stay of the suspension or revocation of the license of the licensee only on the filing of a bond by a licensee as provided in subsection (d) of this section.

Amount of bond

(d)(1) The court may set the bond required under subsection (c) of this section in any amount not exceeding $50,000.

(2) The bond shall be conditioned for the use and benefit of any person who, as a member of the public, might sustain pecuniary loss because of any violation of this title by the licensee.

The reference to the State Government Article has to do with the Office of Administrative Hearings, which provided the forum and the ALJ to hear your case, under which Article appears the Maryland Administrative Hearings Act, the statutory framework for how all administrative hearings across all state government departments and agencies are conducted. So, you may have to read through those provisions as well.

This link will take you to Westlaw's online Maryland Code site, which will allow you to browse through each Article and section by subject: https://govt.westlaw.com/mdc/Index?transitionType=Default&contextData=(sc.Default)

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