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Forman v. Motor Vehicle Administration9/16/1993
Judge Digges, writing for the Court, said that
"it is appropriate to point out, as we have in previous opinions, not only the importance but the necessity that administrative agencies resolve all significant conflicts in the evidence and then chronicle, in the record, full, complete and detailed findings of fact and conclusions of law."
The ALJ in the instant case failed to "resolve all significant conflicts in the evidence," or to make "full, complete and detailed findings of fact and conclusions of law." At a minimum, one must be able to discern from the record the facts found, the law applied, and the relationship between the two. "'We must know what a decision means before the duty becomes ours to say whether it is right or wrong.'" United Steelworkers v. Bethlehem Steel Corp., 298 Md. 665, 679, 472 A.2d 62, 69 (1984) (quoting United States v. Chicago, M., St. P. & P.R. Co., 294 U.S. 499, 511, 55 S. Ct. 462, 467, 79 L.Ed. 1023, 1032 (1935)). In the instant case, while the ALJ recognized the undisputed fact that Forman had read the Advice of Rights form, he neglected to address the critical issues which Forman had raised. Because he failed to resolve important factual issues and to make clear "what decision means," see id., we must reverse the judgment of the circuit court affirming the ALJ's decision and remand for further proceedings.
IV.
As for Forman's claim that the ALJ improperly denied her request to subpoena the detaining officer, the ultimate conclusion about whether the ALJ was correct depends upon why the ALJ rejected the request. As we have noted, we do not know precisely why the ALJ did so. We can say that when faced with a licensee's proffer and subpoena request, an ALJ has three distinct choices: (1) accept the proffer's contents as true, and indicate this acceptance; (2) reach no conclusion regarding the truth of the proffer (essentially suspending judgment), and issue the subpoena; or (3) reject the proffer and subpoena request entirely, and provide a valid explanation of the rejection. This third option enables the ALJ to dispose of frivolous or otherwise improper subpoena requests. We emphasize that the ALJ may only avoid issuing the subpoena when he or she explicitly accepts the proffer or rejects the proffer and provides a basis for this rejection.
As for the ALJ's decision to accept or reject a subpoena request, the legislature has given the MVA subpoena power, providing that "in any matter subject to its jurisdiction, the Administration may subpoena any person or documents and take the testimony of any person. . . ." § 12-108(a). Certainly, not every request for a subpoena must be granted; this decision is governed by the general evidentiary standards set out in the Administrative Procedure Act. See § 12-207(a)(providing that each MVA hearing "shall be conducted in accordance with the rules of evidence in §§ 10-208 and 10-209 of the State Government Article [the Administrative Procedure Act]"). Section 10-208 of the Administrative Procedure Act provides:
"(c) Exclusions. -- The agency may exclude evidence that is:
(1) incompetent;
(2) irrelevant;
(3) immaterial; or
(4) unduly repetitious.
(e) Scope of evidence. -- On a genuine issue in a contested case, each party is entitled to:
(1) call witnesses;
(2) offer evidence, including rebuttal evidence;
(3) cross-examine any witness that another party or the agency calls; and
(4) present summation and argument."
Md.
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