· 3/11/2004
Spencer v. Maryland State Board of Pharmacy
Citations
- 846 A.2d 341
- 380 Md. 515
- 2004 Md. LEXIS 116
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that intermediate appellate court erred when it compelled an administrative agency to take specific action in a matter statute rily committed to the discretion of the agency
- deciding whether an agency has acted in excess of its jurisdiction is a question of law
- explaining that “[a]n agency’s prerogative with respect to case referral to the OAH is similar in scope to that of the agency’s prerogative in determining the severity of sanctions”
- reviewing, under an “arbitrary or capricious” standard, an administrative agency’s decision not to exercise its discretionary power to delegate a case to the Office of Administrative Hearings
- construing the word “may” “to signal the ordinary meaning of permission unless the context or the purpose of the statute shows that it is meant to be imperative”
- “Section 10-222(h)(3)(i)-(vi) provides a statutory framework for understanding the scope of judicial review of agency decisions.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bell, Raker, Wilner, Cathell, Battaglia, Rodowsky, Bloom
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.