Maryland Gov & Administrative Law Questions & Answers

Q: Is tailgating legal in the state of Maryland?

1 Answer | Asked in Gov & Administrative Law and Legal Malpractice for Maryland on
Answered on Dec 27, 2018
Mark Oakley's answer
Following too closely behind another vehicle is a violation of the vehicle code and may be cited by an officer if it appears the conduct is unsafe under the traffic conditions and circumstances.

Q: Are Maryland public school teachers considered state employees?

2 Answers | Asked in Education Law and Gov & Administrative Law for Maryland on
Answered on Oct 2, 2018
Joseph D. Allen's answer
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.

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

1 Answer | Asked in Copyright, Business Formation, Business Law, Gov & Administrative Law and Intellectual Property for Maryland on
Answered on Sep 18, 2018
Cedulie Renee Laumann's answer
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 cannot realistically answer the question. More than likely the agency maintaining the website can answer the question.

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

1 Answer | Asked in Appeals / Appellate Law, Energy, Oil and Gas and Gov & Administrative Law for Maryland on
Answered on Jul 14, 2017
Glenn B. Manishin's answer
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 the regulatory proceeding, but I do not know what MD law says on that subject. One way to cure such a default would be to petition the MPSC for reconsideration, since under § 3-294, "if a rehearing...

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