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Motor Vehicle Administration v. Chamberlain4/14/1992
is addressed in subsection (f)(5)(vi). Rule B13 permits the court "to remand the case to the agency for further proceedings." Such a hearing is not the initiation of an administrative hearing, nor the postponement of it, since it is not a hearing that has been put off, deferred or delayed. Shrader, 324 Md. at 468, 597 A.2d at 946. In this case, the hearing was ordered rescheduled by the court, but only for the purpose of creating a record. In short, the remand hearing was not scheduled pursuant to § 16-205.1(f)(5). Nor was the delay in scheduling it a denial of due process.
JUDGMENT OF THE CIRCUIT COURT FOR MONTGOMERY COUNTY REVERSED; CASE REMANDED TO THAT COURT FOR ENTRY OF JUDGMENT IN FAVOR OF THE MOTOR VEHICLE ADMINISTRATION.
COSTS TO BE PAID BY CHAMBERLAIN.
Disposition
JUDGMENT OF THE CIRCUIT COURT FOR MONTGOMERY COUNTY REVERSED; CASE REMANDED TO THAT COURT FOR ENTRY OF JUDGMENT IN FAVOR OF THE MOTOR VEHICLE ADMINISTRATION. COSTS TO BE PAID BY CHAMBERLAIN.
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