Wilson v. Maryland Department of the Environment
217 Md. App. 271
| Md. Ct. Spec. App. | 2014Background
- MDE filed an administrative complaint, order, and penalty against Wilson for lead-paint risk reduction violations at two Affected Properties in Baltimore.
- ALJ issued a default order against Wilson for failing to respond to the complaint and MDE sought a $30,000 penalty.
- Wilson challenged the default and the ALJ denied vacating it; circuit court affirmed the ALJ’s decision.
- Wilson later moved for leave to present additional evidence under SG § 10-222(f); circuit court denied parsing that request.
- Wilson sought judicial review; after a hearing, circuit court affirmed, but on appeal Maryland Court of Special Appeals vacated and remanded the case.
- Issues are limited to service of process and ability to present additional evidence; court vacated the circuit court judgment and remanded to OAH for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the ALJ’s denial of the motion to vacate the default based on service proper? | Wilson argues service was defective due to conflicting affidavits. | MDE contends service was proper; affidavit evidence supports service and default. | Vacated and remanded for credibility evaluation on service. |
| Did the circuit court err in denying leave to present additional evidence? | Wilson claims material evidence was not considered and due process was compromised. | MDE argues evidentiary remand not warranted under SG § 10-222(f). | Remanded for proceedings consistent with opinion; court could order additional evidence if proper grounds shown. |
Key Cases Cited
- Roddy-Duncan v. Duncan, 157 Md. App. 197 (2004) (default judgment requires proper notice; overturn when service contested)
- Reed v. Sweeney, 62 Md. App. 231 (1985) (service of process jurisdictional; cannot be waived)
- Harris v. Womack, 75 Md. App. 580 (1988) (credibility of affidavits governs service determinations)
- Campbell v. Dep’t of Health & Mental Hygiene, 364 Md. 108 (2001) (appellate review limited to grounds relied on by agency)
- Woodie, 128 Md. App. 398 (1999) (representation by counsel; second bite at appeal not allowed)
- Classen v. Classen, 893 P.2d 478 (1995) (when only conflicting affidavits on service, trial court should remand for evidentiary determination)
- Astudillo v. Flushing Hospital Medical Center, 796 N.Y.S.2d 95 (2005) (courts remand where service disputes unresolved by conflicting affidavits)