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Maryland Gov & Administrative Law Questions & Answers

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Municipal Law for Maryland on

Q: Can a municipality,a.k.a.,city be sued for PUBLIC NUISANCE?

When a city's agencies and officers repeatedly do things that not only contradicts the city's own codes but harm it's residents and citizens,can its citizens sue the city leadership on the grounds of being PUBLIC NUISANCE?

Bennett James Wills answered on Apr 17, 2019

Hard to give an answer without more facts. Generally you can sue for just about anything - can you win? That's another issue. Consult local counsel for options.

1 Answer | Asked in Gov & Administrative Law and Constitutional Law for Maryland on

Q: county government employees are coming on to my property without prior permission

shortly after their visit I have had things stolen.

Timur Akpinar answered on Apr 11, 2019

It's difficult to guess what's taking place here, but when government employees, public utility employees, or other people who have a valid reason for entering your property appear, they generally identify themselves and present ID. In many instances, their visits are announced ahead of time... Read more »

1 Answer | Asked in Gov & Administrative Law for Maryland on

Q: Do i need witness for marriage and is maryland a safe state

Mark Oakley answered on Mar 24, 2019

All states require a marriage license to get married, and an officiant to conduct the marriage, and then certify the marriage after the ceremony by filing the affidavit required by law that the marriage was performed within 180 days of the license date, as well as any other legal requirements. The... Read more »

Q: Is it ethical for an employer to have 1 person who does Human Resources for the entire office inccluding the hiring,

Firing an the disciplinarian, a supervisor to some and the payroll person? I feel it’s very bias but I am not sure if under (Maryland) state law it’s considered legal or ethical? Also, is it ethical or legal for an employer to tell you they are going to deny the a workers conp claim before you... Read more »

Joseph D. Allen answered on Feb 20, 2019

There is nothing illegal about only having one HR staff person. If an employer complies with the laws and regulations applicable to it, that's all that matters. It's just difficult to do without professional help, as the workers comp incident illustrates. Employers can't retaliate against... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation and Gov & Administrative Law for Maryland on

Q: What's the easiest way to find EVERYONE charged with a specific crime in the state?

I am not a lawyer, but I am doing research. I want to find everyone CHARGED with a specific crime in the past 3 years (that are public records). Doesn't have to be literally everyone because I know some are expunged, but whatever I can find with the public records.

Right now what I am doing... Read more »

Mark Oakley answered on Feb 2, 2019

This data is gathered for the state. It’s used for all sorts of purposes. Budgets and resource allocation depend on it. Try calling the Administrative Office of the Courts in Annapolis for direction. The Maryland Sentencing Commission uses this info to update the Maryland Sentencing Guidelines.... Read more »

2 Answers | Asked in Education Law and Gov & Administrative Law for Maryland on

Q: Are Maryland public school teachers considered state employees?

Joseph D. Allen answered on Oct 2, 2018

This is a much more complicated question than it appears. For some purposes, school board employees are state employees, and for other purposes they are local government employees. Maryland school boards are an odd hybrid- and the appellate courts are still struggling with how to classify them.

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Q: Is it legal to get data base off of a local gov't website

It would be to create a business with the information obtained

Cedulie Renee Laumann answered on Sep 18, 2018

Many government websites make information readily available for search but have a disclaimer that the information cannot be harvested by an auto-bot, software programs, etc. Harvesting an entire database is probably not going to fly, but without knowing what database you are trying to access, one... Read more »

1 Answer | Asked in Appeals / Appellate Law, Energy, Oil and Gas and Gov & Administrative Law for Maryland on

Q: What are the time limits for seeking judicial review of an order issued by the Maryland Public Service Commission?

The Maryland Public Service Commission recently approved electric rate increases to subsidize two offshore wind projects. In so doing it appears to have violated the Maryland Offshore Wind Act of 2013, which requires that a project must pass a cost-benefit test before the PSC can approve it. The... Read more »

Glenn B. Manishin answered on Jul 14, 2017

1. Timing: You have 30 days to petition for judicial review pursuant to MD Rules R. 7-203.

2. Standing: Under MD Pub Util Code § 3-202, "a party or person in interest" can appeal. Federal law for FCC appeals construes similar language to require that the appellant/petitioner be a party to...
Read more »

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