Md. R. Jud. Rev. Cir. Ct. 7-206

As amended through October 15, 2024

Rule 7-206 - [Effective 1/1/2025] Record-Generally

(a) Applicability. This Rule does not apply to judicial review of a decision of the Workers' Compensation Commission, except as otherwise provided by Rule 7-206.1.

(b) Contents; Expense of Transcript. The record shall include the transcript of testimony and all exhibits and other papers filed in the agency proceeding, except those papers the parties agree or the court directs may be omitted by written stipulation or order included in the record. If the testimony has been recorded but not transcribed before the filing of the petition for judicial review, the first petitioner, if required by the agency and unless otherwise ordered by the court or provided by law, shall pay the expense of transcription, which shall be taxed as costs and may be apportioned as provided in Rule 2-603. A petitioner who pays the cost of transcription shall file with the agency a certification of costs, and the agency shall include the certification in the record.

(c) Statement in Lieu of Record. If the parties agree that the questions presented by the action for judicial review can be determined without an examination of the entire record, they may sign and, upon approval by the agency, file a statement showing how the questions arose and were decided and setting forth only those facts or allegations that are essential to a decision of the questions. The parties are strongly encouraged to agree to such a statement. The statement, any exhibits to it, the agency's order of which review is sought, and any opinion of the agency shall constitute the record in the action for judicial review.

(d) Time for Transmitting. Except as otherwise provided by this Rule, the agency shall transmit to the clerk of the circuit court the original or a certified copy of the record of its proceedings within 60 days after the agency receives the first petition for judicial review.

(e) Shortening or Extending the Time. Upon motion by the agency or any party, the court may shorten or extend the time for transmittal of the record. The court may extend the time for no more than an additional 60 days. The action shall be dismissed if the record has not been transmitted within the time prescribed unless the court finds that the inability to transmit the record was caused by the act or omission of the agency, a stenographer, or a person other than the moving party.

(f) Restricted Information

The record shall be accompanied by an Administrative Agency Restricted Information Statement completed on a form approved by the State Court Administrator. The completed Statement shall indicate whether any part of the record contains restricted information as defined by Rule 20-101 (r). The Statement shall be subject to public inspection.

(g) Duty of Clerk. Upon the filing of the record, the clerk shall notify the parties of the date that the record was filed. If the Statement filed pursuant to section (f) of this Rule indicates that the record contains restricted information, the clerk shall shield the record from public inspection. Otherwise, the record shall be subject to public inspection.

Md. R. Jud. Rev. Cir. Ct. 7-206

This Rule is in part derived from former Rule B7 and in part new.

Adopted March 30, 1993, eff. 7/1/1993. Amended Oct. 31, 2002, eff. 1/1/2003; 3/2/2015, eff. 7/1/2015; amended Oct. 15, 2024, eff. 1/1/2025.

HISTORICAL NOTES

2002 Orders

The October 31, 2002, order, in section (a), in the second sentence substituted "may be apportioned as provided in Rule 2-603 for "apportioned as the court directs, and added the third sentence, relating to a certification of costs.

Derivation:

Maryland Rule of Procedure B7, adopted Sept. 15, 1961, eff. Jan. 1, 1962, amended April 6, 1984, eff. July 1, 1984; Oct. 5, 1992, eff. Jan. 1, 1993, related to the record, rescinded March 30, 1993, eff. July 1, 1993.

2015 Orders

The March 2, 2015 order made the Rule inapplicable to judicial review of decisions of the Workers' Compensation Commission except under certain circumstances.