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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 653 September Term, 2004

DEPARTMENT OF HEALTH AND MENTAL HYGIENE

v.

BERNARD RYNARZEWSKI

Davis, Kenney, Meredith, JJ. Opinion by Meredith, J.

Filed: September 15, 2005

The Maryland Department of Health and Mental Hygiene ("DHMH") appeals from a judgment of the Circuit Court for Baltimore City that ordered DHMH to comply with an order of an administrative law judge ("ALJ") to reinstate a terminated employee, Bernard

Rynarzewski, appellee, with back pay and benefits. Although we agree with appellee that the circuit court properly ordered DHMH to comply with the ALJ's ruling that Rynarzewski be reinstated and shall affirm that portion of the judgment, we conclude that the circuit court erred in construing the administrative decision to establish that Rynarzewski was fit to return to work as of March 3, 1999. Consequently, we shall vacate that portion of the circuit court's order that held that Rynarzewski's entitlement to back pay should be calculated as if he had been fit to return to work on March 3, 1999. This controversy had its origins in a grievance filed by Rynarzewski, but the present appeal is not here by way of a petition for judicial review of an administrative decision.

Indeed, even though DHMH sought revision of the ALJ's reinstatement ruling by filing a motion for reconsideration as well as a second motion for reconsideration, of the DHMH never ruling. filed a petition for that

judicial

review

ALJ's

Consequently,

administrative ruling, concluding that Rynarzewski's termination was unsustainable, is final and not subject to further review. Because Rynarzewski and DHMH were never able to come to an agreement as to the terms and conditions of his return to duty,

however, Rynarzewski filed a complaint to enforce the ALJ's order. The complaint was based upon Maryland Code, State Government Article (1999, 2002 Supp.),

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Maryland Law