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University of Baltimore Law Forum

Article Title

Recent Development: Reliable Contracting Co. v. Md. Underground Facilities Damage Prevention Auth.: A State Agency's Enabling Act is Constitutional If Their Decisions Are Subject to Judicial Review; Maryland Law Provides Guidelines for State Agencies When Using Their Discretion to Issue Penalties.

Abstract

The Court of Appeals of Maryland held that the Maryland Underground Facilities Damage Prevention Authority enabling act does not violate the Judicial Vesting Clause of the Maryland Constitution or the Separation of Powers Clause of the Maryland Declaration of Rights. Reliable Contracting Co. v. Md. Underground Facilities Damage Prevention Auth., 446 Md. 707, 729, 133 A.3d 1112, 1125 (2016). The court also ruled that the Authority was a state agency based on the relationship between the Authority and the State of Maryland. Id. at 729, 133 A.3d at 1124-1125. As such, section 10- 1001 of the State Government Article provides guidelines when assessing civil penalties. Id.

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