 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Arroyo v. Board of Education of Howard County6/10/2004
n the discovery rule, claims, however, that he "did not discover that he would not be reinstated through administrative remedy until after [the administrative remedy] had been exhausted," which, as we have said, he contends was not exhausted until at least after judicial review. This is not so. It was the act of the State Board, in its affirmance of the County Board's decision to terminate petitioner from his employment, that was the final decision of the administrative agency and signified an exhaustion of petitioner's administrative remedies. It was no later than this point that petitioner's injury "accrued." And it was no later than this point that he knew, or should have known of the "injury." The subsequent judicial review of this final administrative decision under ยง 10-222 of the State Government Article is not considered a part of petitioner's administrative remedies. At the judicial review stage, petitioner was no longer in an administrative forum, but was then in a judicial forum. As we stated in Zappone, supra, where administrative remedies are primary but not exclusive, "a claimant must invoke and exhaust the administrative remedy, and seek judicial review of an adverse administrative decision, before a court can properly adjudicate the merits of the alternative judicial remedy." Id. at 60, 706 A.2d at 1067-68. We did not state in Zappone that a claimant has to obtain a final decision from the circuit court on judicial review before the administrative decision it reviewed can be considered a final administrative determination and he can file a separate court action.
IV. Conclusion
The final decision by the State Board was dated May 28, 1998. At this point, or even earlier, petitioner was free to file a separate court action alleging wrongful termination. Because petitioner waited until February 8, 2002 to file this separate court action, more than three years after the State Board decision, his claim is barred by the statute of limitations.
The Circuit Court correctly granted the County Board's motion for summary judgment.
JUDGMENT OF THE CIRCUIT COURT FOR HOWARD COUNTY AFFIRMED; COSTS TO BE PAID BY PETITIONER.
Page 1 2 3 4 5 6 7 8 9 10 11 12 Maryland Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|