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Arroyo v. Board of Education of Howard County6/10/2004
ed. It states, in pertinent part:
"(a) Grounds and procedure for suspension or dismissal. -
(1) On the recommendation of the county superintendent, a county board may suspend or dismiss a teacher, principal, supervisor, assistant superintendent, or other professional assistant for:
(i) Immorality;
(ii) Misconduct in office, including knowingly failing to report suspected child abuse in violation of § 5- 704 of the Family Law Article;
(iii) Insubordination;
(iv) Incompetency; or
(v) Willful neglect of duty.
(2) Before removing an individual, the county board shall send the individual a copy of the charges against him and give him an opportunity within 10 days to request a hearing.
(3) If the individual requests a hearing within the 10- day period:
(i) The county board promptly shall hold a hearing, but a hearing may not be set within 10 days after the county board sends the individual a notice of the hearing; and
(ii) The individual shall have an opportunity to be heard before the county board, in person or by counsel, and to bring witnesses to the hearing.
(4) The individual may appeal from the decision of the county board to the State Board."
As is made clear in the plain language of § 6-202 (a) of the Education Article, individuals unsatisfied with the outcome of the decision of a county board "may appeal . . . to the State Board." On appeal, the authority of the State Board allows for it to "explain the true intent and meaning of the provisions of . . . [the Education Article] that are within its jurisdiction," and the State Board "shall decide all controversies and disputes under these provisions." Section 2-205 (e) of the Education Article. It is from the decision by the State Board, which is the "final decision" in the administrative procedure available in § 6-202 (a) of the Education Article, that a party unsatisfied with the outcome can seek judicial review under the Administrative Procedure Act, particularly § 10-222 of the State Government Article. The reviewing court is generally the "circuit court for the county where any party resides or has a principal place of business." Section 10-222 (c) of the State Government Article. The circuit court's decision-making authority on judicial review of administrative agency decisions is stated in § 10-222 (h) of the State Government Article:
"(h) Decision. - In a proceeding under this section, the court may:
(1) remand the case for further proceedings;
(2) affirm the final decision; or
(3) reverse or modify the decision if any substantial right of the petitioner may have been prejudiced because a finding, conclusion, or decision:
(i) is unconstitutional;
(ii) exceeds the statutory authority or jurisdiction of the final decision maker;
(iii) results from an unlawful procedure;
(iv) is affected by any other error of law;
(v) is unsupported by competent, material, and substantial evidence in light of the entire record as submitted; or
(vi) is arbitrary or capricious." [Emphasis added.]
[Footnote added.]
Under § 10-223 (b) of the State Government Article, a "party who is aggrieved by a final judgment of a circuit court under this subtitle may appeal to the Court of Special Appeals in the manner that law provides for appeal of civil cases" (emphasis added).
The issue raised by petitioner requires us to address the doctrine of primary jurisdiction in respect to administrative agency/court issues and to
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