In Part II of this Article, I provide an overview of subject matter jurisdiction in relation to filing timeframes. I review the distinction between original and appellate jurisdiction using Maryland case law and a sample survey of other state case law to provide background to the question of filing deadlines and hearing requests in administrative adjudications. In Part III of this Article, I elaborate upon Supreme Court precedent on administrative filing deadlines. In Part IV of this Article, I analyze the nature of filing deadlines for hearing requests before various state agencies, with an emphasis on Maryland’s scheme. The case law among the states is limited and contradictory, which raises the question in Part V of how to proceed with an untimely filing. What emerges from my review of time limitations in state and Supreme Court cases is that whether a jurisdictional bar exists is often a question of legislative intent. Because of the harshness of jurisdictional deadlines, I recommend that the relevant agency statute and regulations be carefully parsed to determine if there is any flexibility in the filing deadline.
Alice Booher Johnson,
To Waive or Not to Waive? Filing Deadlines and
Hearing Requests in Administrative Adjudications,
36 J. Nat’l Ass’n Admin. L. Judiciary
Available at: http://digitalcommons.pepperdine.edu/naalj/vol36/iss1/2