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Arroyo v. Board of Education of Howard County6/10/2004
oard of Education for Dorchester County v. Hubbard, supra, this Court explained that a circuit court improperly resolved issues concerning the arbitrability of classification of teacher certificates and class sizes before the aggrieved teachers pursued and exhausted their administrative remedies before the State Board. Specifically, we considered "whether the decision should initially be made through the statutory administrative process culminating in a decision by the State Board of Education." Hubbard, 305 Md. at 785, 506 A.2d at 630 (emphasis added). That we found that the administrative process available to the aggrieved teachers "culminated" with a decision by the State Board would appear to strongly, if not conclusively, indicate that such a decision is tantamount to an exhaustion of administrative remedies. Perhaps even more on point in Hubbard, we stated that "the teachers [may be given] an opportunity to exhaust their administrative remedies and obtain a final decision from the State Board of Education. If the decision of the State Board is adverse to the teachers, and if they seek judicial review, the judicial review actions could then be consolidated with the instant cases." Id. at 792-93, 506 A.2d at 634 (alteration added) (emphasis added) (footnote added) (citing Offutt v. Montgomery County Board of Education, 285 Md. 557, 404 A.2d 281 (1979)); see also Fosler v. Panoramic Design, Ltd., 376 Md. 118, 138, 829 A.2d 271, 283 (2003) (where homeowners were required to exhaust administrative remedies before the Home Improvement Commission, because the Commission had primary jurisdiction, we held that the circuit court "should stay [an independent] declaratory judgment action pending a final decision by the Home Improvement Commission") (alteration added) (emphasis added); Dorsey v. Bethel A.M.E. Church, 375 Md. 59, 76, 825 A.2d 388, 398 (2003) (holding, in the context of a zoning decision, that " here could be no exhaustion of administrative remedies until there was a Board of Appeals' decision finally approving or disapproving Bethel's development plan") (emphasis added).
In McCullough v. Wittner, 314 Md. 602, 606, 552 A.2d 881, 883 (1989) we held that an inmate who sought damages for personal injuries resulting from a correctional officer's alleged tortious conduct "must file a complaint with and exhaust his [administrative] remedies before the [Inmate Grievance] Commission prior to bringing a common law tort action." (alterations added) (emphasis added). But, we went on to acknowledge that although he was required to exhaust his administrative remedy, "before receiving an adjudication on the merits of his tort action, we do not believe that a dismissal of the tort action was the preferable order. . . . t is appropriate for the trial court to retain, for a reasonable period of time, jurisdiction over the independent judicial action pending invocation and exhaustion of the administrative procedures." Id. at 613, 552 A.2d at 886 (emphasis added); see also Maryland-National Capital Park and Planning Comm'n v. Crawford, 307 Md. 1, 18, 511 A.2d 1079, 1088 (1986) (where the administrative agency has primary jurisdiction, " nce the administrative procedures are exhausted, the trial court may proceed; the plaintiff whose case is meritorious may be entitled to whatever relief is available under either the independent judicial action or the administrative/judicial review remedy") (emphasis added).
In summary, in cases where the administrative remedy is primary, and there are alternative independent judicial remedies available, the alternate judicial remedy may not be resolved (although the action can be brought and stayed) prior to the exhaustion of the administrative remedy, i.e., the final agency de
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