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Maryland Gov & Administrative Law Questions & Answers
1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: Can a resident of Virginia obtain a drivers license if a Maryland drivers license was revoked?
Mark Oakley
Mark Oakley answered on Aug 22, 2020

Once your license is suspended or revoked in one state, no other state will issue you a license until you reinstate your privilege in the state where you’re suspended or revoked. This is the interstate compact adopted in all but three states, but even in those three states you are unlikely to get... Read more »

Q: I'm an officer the US Public Health Service station at a Federal Agency. Can I sue for harassment and retaliation?

My supervisor is harassing at work. Just flat out lying. He lied and put me on a PIP and issued me an LOR when all my work was up to date and at the start of a global pandemic when everyone was working from home. No negative counseling in 8 months leading up the PIP and LOR. I filed an EEO... Read more »

Andrellos Mitchell
Andrellos Mitchell answered on Jul 29, 2020

It depends on what statute your are suing under.

Title VII provides that a court, in its discretion, may award reasonable attorneys' fees to the prevailing party. ... That determination is relatively clear when a plaintiff proves his or her discrimination case and a favorable judgment...
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1 Answer | Asked in Gov & Administrative Law and Government Contracts for Maryland on
Q: What would you suggest citizens could do about a swap shop painting stolen cars on the Washington DC/Maryland State line

The resident located at 905 Eastern Ave. in Fairmount Heights Maryland has turned this residential home into a swap shop. I have videos and pictures of the stolen cars and the paint shop located in the rear of the home. Not only are they operating without proper licensing, the fumes a meeting or... Read more »

Mark Oakley
Mark Oakley answered on Jul 28, 2020

Provide your information to the police.

File a complaint with the DC Department of Energy and Environment, https://doee.dc.gov/service/ecd

1 Answer | Asked in Gov & Administrative Law, Medical Malpractice and Personal Injury for Maryland on
Q: Can anyone please help me to pursue a claim against the government (VA) for permanent and life-changing injury?

This injury was caused during a VA compensation and pension exam done in April 2018 with new issues arising just the last few months. It’s been suggested I hire a lawyer. I am already 100% service-connected but apparently need to pursue this outside the VA system. Thank you for any help,... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Jul 27, 2020

Claims against the VA likely require formal notice to be given within two years. You should promptly consult with a lawyer in a confidential setting. See. https://www.justia.com/injury/federal-tort-claims-act-

ftca/#:~:text=The%20Federal%20Tort%20Claims%20Act,strict%20rules%20must%20be%20followed.

1 Answer | Asked in Gov & Administrative Law and Immigration Law for Maryland on
Q: How will the new covid-19 update from Trump administration for f-1 visa impact those with i-485 status?

Hello, I am currently an international student with f-1 visa. Our college has decided that we will first operate with a hybrid model, and then go fully online after Thanksgiving break. I am also in the process of achieving a green card (i-485 status) from my parents who are also holders of green... Read more »

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Jul 12, 2020

Hi, if you have already applied to adjust status, you are no longer considered an F1 student for the purpose of this new rule. This means that you can take your hybrid courses without worrying about leaving the U.S. or losing your F1 status. As a green card holder, you will be able to attend school... Read more »

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: I was arrested (3/27/2010) by the Navy in MD for driving with a suspended license. I need documentation for the trial.

Are you able to point me to a website or phone number so that I can obtain the results of the trial? If I remember correctly, the charges were either dropped, or I payed a fine.

Mark Oakley
Mark Oakley answered on Jul 2, 2020

If you were stopped by a naval police officer (MP?) then this occurred on a military base and was prosecuted in the United States District Court before a US Magistrate. That could have been in several locations in Maryland, so it depends on which base this happened upon. Typically, if you were... Read more »

1 Answer | Asked in Employment Law, Workers' Compensation and Gov & Administrative Law for Maryland on
Q: My job description/classification in HR does not reflect job scope or duties. This has prevented access to benefits.

I was hired under an open job position, to quickly get me in the door with the understanding that I would be quickly reclassified as I established myself in the company. I have been made to apply for the job I am already performing several times, and have been told that I do not qualify. I received... Read more »

Joseph D. Allen
Joseph D. Allen answered on Mar 28, 2020

The question raises several issues, and requires more facts and discussion to fully answer. Generally speaking, entitlement to union benefits (or eligibility for membership) depends on the applicable CBA scope. There are federal (FMLA and the recent COVID-19 changes) and Maryland (sick/safe... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Maryland on
Q: Living in section 8 and guest won’t leave the premise

I have a friend who lives in section 8 housing, she has a family member who stayed the night and now he will not leave, he’s been there for a week already because he refused to leave, She’s very afraid, he will not allow her back in her house and has also threaten her life, what can she do... Read more »

Mark Oakley
Mark Oakley answered on Dec 21, 2019

She can go to the District Court Commissioner’s Office, fill out a petition for protection from domestic violence, and if granted the Commissioner will issue an order of protection forcing the family member out and to stay away. It will be served by the Sheriff or police and he will be forcibly... Read more »

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
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.

Tim Akpinar
Tim 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... 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
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
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... 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... Read more »

Mark Oakley
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
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
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
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...
Read more »

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