Md. Comm'n on Human Rel. v. BG & E. CO.

459 A.2d 205, 296 Md. 46
CourtCourt of Appeals of Maryland
DecidedApril 26, 1983
Docket[No. 66, September Term, 1982.]
StatusPublished
Cited by22 cases

This text of 459 A.2d 205 (Md. Comm'n on Human Rel. v. BG & E. CO.) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Md. Comm'n on Human Rel. v. BG & E. CO., 459 A.2d 205, 296 Md. 46 (Md. 1983).

Opinion

296 Md. 46 (1983)
459 A.2d 205

MARYLAND COMMISSION ON HUMAN RELATIONS
v.
BALTIMORE GAS AND ELECTRIC COMPANY

[No. 66, September Term, 1982.]

Court of Appeals of Maryland.

Decided April 26, 1983.

*47 The cause was argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ.

Risselle Rosenthal Fleisher, General Counsel, for appellant.

Stanley Mazaroff, with whom were Venable, Baetjer & Howard, Michael D. Rind and James A. Biddison, Jr., on the brief, for appellee.

DAVIDSON, J., delivered the opinion of the Court.

The primary question this case presents concerns the doctrine of exhaustion of statutorily prescribed administrative and judicial remedies. More particularly, the question is whether an administrative agency appeal board's order remanding a case to a hearing examiner for further proceedings constitutes a final decision that entitles a party to immediate judicial review.

On 22 November 1978, the petitioner, Maryland Commission on Human Relations (Commission), filed a complaint, see Md. Code (1957, 1979 Repl.Vol.), Art. 49B, § 9 (b), against the respondent, Baltimore Gas and Electric Company (B G & E), alleging that B G & E's policy of refusing to hire the spouse of an employee constituted discrimination based upon marital status.[1] B G & E denied *48 that its policy was discriminatory, asserting that it was merely a component of a general "anti-nepotism policy" that precluded the hiring of all close relatives of employees,[2] and was based upon relational status, not marital status. In addition, B G & E asserted as a defense that even if its policy were discriminatory, business necessity would justify its existence.[3]

The Commission issued a "Written Finding," see Md. Code (1957, 1979 Repl.Vol., 1982 Cum.Supp.), Art. 49B, § 10 (a), (b), & (c), that there was "probable cause" to believe that B G & E "discriminates against potential employees in the area of hiring, on the basis of marital status, in violation of Article 49B of the Annotated Code of Maryland." An agreement for the elimination of the alleged discriminatory acts was not reached, and the case was transferred to a Hearing Examiner, see Md. Code (1957, 1979 Repl.Vol.), Art. 49B, § 11 (a).

After oral argument, the Hearing Examiner, in a written opinion, found that B G & E's policy of refusing to hire the spouse of an employee did not constitute a discriminatory act because "the anti-nepotism policy considered herein is not one concerning itself with marital status, but is based directly and solely on a relational status to a present *49 employee...." Having found no discriminatory act, the Hearing Examiner indicated that the question whether "business necessity" constituted a defense did not need to be determined. The Hearing Examiner entered an order dismissing the complaint, see Md. Code (1957, 1979 Repl. Vol.), Art. 49B, § 11 (g).

The Commission appealed to an Appeal Board of Commissioners (Appeal Board), see Md. Code (1957, 1979 Repl.Vol., 1982 Cum.Supp.), Art. 49B, § 3 (d). In a written opinion, the Appeal Board indicated that the only issue before it was whether B G & E's policy of refusing to hire the spouse of an employee was "violative of Article 49B of the Maryland Code Annotated, in that it is a discriminatory act on the basis of marital status." The Appeal Board found that that policy was "a violation of Article 49B of the Annotated Code of Maryland in that it discriminates against potential employees in the area of hiring on the basis of marital status." On 18 November 1980, the Appeal Board issued a written order remanding the case to the Hearing Examiner "to determine whether the respondent's `close relative policy' is justified as a matter of business necessity within the intendment of Article 49B, Section 16 (g)."

Before a further hearing had been held by a Hearing Examiner, B G & E filed an appeal to the Baltimore City Court (now the Circuit Court for Baltimore City), see Md. Code (1957, 1982 Repl. Vol.), Art. 41, §§ 244 (a) & 255 (a) of the Administrative Procedure Act; Md. Rules B1 & B2. There, it raised for the first time, among other things, the contention that the Commission had violated the Code of Maryland Regulations (COMAR) 14.03.01.09A (2) (d) requiring that a complaint be authorized by four commissioners.[4] The Commission moved to dismiss the appeal on the ground that the Appeal Board's 18 November 1980 order remanding the case to the Hearing Examiner *50 was not final and, therefore, that B G & E had not exhausted its administrative remedies. That motion was denied.

In a written opinion, the trial court found, among other things, that the Commission had violated COMAR 14.03.01.09A (2) (d) because only three commissioners had authorized the complaint. On 22 January 1982, the trial court entered an order remanding the case to the Commission. The Commission filed an appeal to the Court of Special Appeals. While that appeal was pending, the Commission filed a petition for a writ of certiorari that we granted before consideration by the Court of Special Appeals. We shall vacate the judgment of the trial court.

I

This Court has firmly adhered to the principle that statutorily prescribed administrative and judicial remedies must ordinarily be pursued and exhausted. This principle is not only a requirement of our case law, it is a policy embodied in various enactments of the General Assembly. See, e.g., Maryland Comm'n on Human Relations v. Bethlehem Steel Corp., 295 Md. 586, 592, 457 A.2d 1146, 1149 (1983); Maryland Comm'n on Human Relations v. Mass Transit Admin., 294 Md. 225, 230-31, 449 A.2d 385, 387-88 (1982). The rationale underlying this principle was stated in Soley v. State of Maryland Commission on Human Relations, 277 Md. 521, 526, 356 A.2d 254, 257 (1976). There, this Court said:

*51 "The decisions of an administrative agency are often of a discretionary nature, and frequently require an expertise which the agency can bring to bear in sifting the information presented to it. The agency should be afforded the initial opportunity to exercise that discretion and to apply that expertise. Furthermore, to permit interruption for purposes of judicial intervention at various stages of the administrative process might well undermine the very efficiency which the Legislature intended to achieve in the first instance. Lastly, the courts might be called upon to decide issues which perhaps would never arise if the prescribed administrative remedies were followed."

To exhaust administrative remedies, ordinarily a party must pursue the prescribed administrative procedure to its conclusion and await its final outcome. E.g., Aircraft & Diesel Equip. Corp. v. Hirsch, 331 U.S. 752, 767, 67 S.Ct. 1493, 1500 (1947); Steuart Inv. Co. v. Board of Comm'rs, St. Mary's County, 38 Md. App. 381, 390, 381 A.2d 1174, 1180 (1978); see 73 C.J.S.

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