Legal Opinion

Burke v. Bd. of Physicians

Court of Special Appeals of Maryland

Decided April 28, 2021No. 0513/20PublishedCited by 1 opinion

1Opinion of the Court

Thomas F. Burke, M.D. v. Maryland Board of Physicians, No. 0513, September Term 2020. Opinion by Wells, J. ADMINSTRATIVE LAW AND PROCEDURE – JUDICIAL REVIEW – AGENCY EXPERTISE – SCOPE OF REVIEW The scope of review is limited to the factual findings and legal conclusions made by the Board. Administrative agency final orders are subject to deferential judicial review. Appellate courts review final agency decisions in the light most favorable to the agency as agency decisions are presumed correct. A reviewing court may not substitute its judgment for the agency’s expertise. ADMINSTRATIVE LAW AND…

2Cases cited27 opinions

  1. Reetz v. MichiganSupreme Court of the United States · 1903
  2. Board of Physician Quality Assurance v. BanksCourt of Appeals of Maryland · 1999
  3. Maryland Aviation Administration v. NolandCourt of Appeals of Maryland · 2005
  4. Spencer v. Maryland State Board of PharmacyCourt of Appeals of Maryland · 2004
  5. Commission on Medical Discipline v. StillmanCourt of Appeals of Maryland · 1981

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3Cited by1 opinion

  1. Maryland Attorney General Opinion 110OAG82, Maryland Attorney General Reports2025

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