Plein v. Department of Labor6/12/2002
which he observed for the Court:
"The General Assembly is presumed to be aware of this Court's interpretation of its enactments and, if such interpretation is not legislatively overturned, to have acquiesced in that interpretation. Harden v. Mass Transit Adm., 277 Md. 399, 406, 354 A.2d 817 (1976). This presumption is particularly strong whenever, after statutory language has been interpreted by this Court, the Legislature re-enacts the statute without changing in substance the language at issue. Harbor Island Marina v. Calvert Co., 286 Md. 303, 322-323, 407 A.2d 738 (1979); Director v. Cash, 269 Md. 331, 345, 305 A.2d 833 (1973) cert. denied sub nom. Vucci v. Boslow, Director, Patuxent Institution, 414 U.S. 1136, 94 S.Ct. 881, 38 L.Ed.2d 762 (1974); Macke Co. v. St. Dep't of Assess. & Taxation, 264 Md. 121, 132-133, 285 A.2d 593 (1972); Stack v. Marney, 252 Md. 43, 49, 248 A.2d 880 (1969). Under these circumstances, it is particularly inappropriate to depart from the principle of stare decisis and overrule our prior interpretation of the statute. White v. Prince George's Co., 282 Md. 641, 657-658, 387 A.2d 260 (1978). See also Flood v. Kuhn, 407 U.S. 258, 92 S.Ct. 2099, 32 L.Ed.2d 728 (1972).
To the same effect, see, e.g., Shah v. Howard County, 337 Md. 248, 256, 653 A.2d 425, 429 (1995); Workers' Compensation Comm'n v. Driver and Parker, 336 Md. 105, 120, 647 A.2d 96, 104 (1994); Harris v. State, 331 Md. 137, 152-153 n. 8, 626 A.2d 946, 953-954 n. 8 (1993); Waddell v. Kirkpatrick, 331 Md. 52, 60, 626 A.2d 353, 357 (1993); United States v. Streidel, 329 Md. 533, 551 n. 12, 620 A.2d 905, 914-915 n. 12 (1993); Forbes v. State, 324 Md. 335, 342-343, 597 A.2d 427, 430-431 (1991)." See also Baltimore City Police v. Andrew, 318 Md. 3, 18-19, 566 A.2d 755, 762 (1989); Frank v. Storer, 308 Md. 194, 203-04, 517 A.2d 1098, 1102-03 (1986).
In the case sub judice, the parties and the amici curiae are concerned with the fairness and equity of ยง 8-1001, as interpreted by the Total Audio-Visual Court. But, as we have seen, the matter has twice been presented to the General Assembly for its correction. We have recognized that it is appropriate generally that the Legislature balance the equity or fairness of a particular statutory provision. Philip Electronics v. Wright, 348 Md. 209, 229, 703 A.2d 150, 159 (1997). That is particularly the case when, as here, the Legislature has been accorded the opportunity to address the issue and has declined to do so. Accordingly, although not the exact situation addressed in Jones and Williams, we believe this case falls under that rule and, so, we will decline the parties' invitation to overrule Total Audio-Visual. The Legislature remains an available avenue for redress, indeed, perhaps the only one.
JUDGMENT AFFIRMED, WITH COSTS
Judges Cathell, Battaglia and Eldridge dissent for the reasons stated in Judge Cathell's dissent in Total Audio-Visual Systems, Inc. v. Department of Labor, Licensing and Regulation, 360 Md. 387, 758 A.2d 124 (2000).
Page 1 2 3 4 5 6 7 8 Maryland Employee Leasing Services
Employee Leasing Services
|