37 A.3d 1018
Md. Ct. Spec. App.2012Background
- McReady challenged three dismissals in Montgomery County Circuit Court of MWL-based judicial-review actions against the University of Maryland.
- Actions originated from MWL complaints filed with DBM and referred to OAH for decision; OAH decisions were subject to judicial review under the APA framework.
- OAH motions to dismiss were argued on timeliness; transcripts and the record transmission were central to determining if actions could proceed.
- OAH and circuit court communications emphasized Rule 7-206 requirements, including record transmission and potential transcription costs borne by the petitioner.
- McReady refused to pay for hearing transcripts, arguing transcripts were not required because hearings were on motions with no testimony; the university argued transcripts were part of the record.
- The circuit court dismissed all three petitions; on appeal, this Court reversed and remanded, holding the record requirements were misapplied and transcripts may not be required when no testimony was taken.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 7-206(a) requires transcripts when no testimony was taken | McReady: transcripts not required; record complete without them | University: transcripts are part of the record under 7-206(a) | Record may not require transcripts when no testimony was taken; remand for complete-record consideration |
| Whether the circuit court properly scheduled memoranda and a merits hearing before transmission of the record | McReady: scheduling before record was filed violated rules | University: scheduling complied with existing practice | Scheduling before record receipt was improper; remand to set deadlines after proper notice |
| Whether dismissal for failure to file Rule 7-207 memorandum was proper | McReady: no memorandum deadline valid without a filed record | University: Rule triggers memorandum deadlines once the record is received | Dismissal improper where record filing was not correctly completed; remand for proper timing |
| Whether dismissal for failure to appear at Rule 7-208 merits hearing was proper | McReady: hearing not properly scheduled and thus appearance was moot | University: failure to appear supports dismissal | Dismissal improper where hearing scheduling did not comply with rules; remand for proper proceedings |
Key Cases Cited
- Montgomery County v. Post, 166 Md.App. 381 (Md. 2005) (transcript costs and Rule 7-206 context)
- Town of New Market v. Frederick County, 71 Md.App. 514 (Md. 1987) (record transmission timing rules)
- Knox v. State, 404 Md. 76 (Md. 2008) (textual interpretation of Maryland rule language)
- Hudson v. Hous. Auth. of Balt. City, 402 Md. 18 (Md. 2007) (procedural rule interpretation and applicability)