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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1636 September Term 2006

CLYDE FIELDS

V.

DEPARTMENT OF HUMA N RESOURCES HOWARD COUNTY DEPARTMENT OF SOCIAL SERVICES

Salmon, Eyler, Jam es R., Meredith, JJ.

Opinion by Salmon, J.

Filed: September 13, 2007

C050064182

In the summ er of 200 5, the How ard C ounty Department of Social Services ("HCDSS") found Clyde F ields "re sponsi ble for i ndicate d child a buse." 1 Fields filed an appeal of HCDSS's decision with the Office of Administrative Hearings ("OAH"). The OAH ruled that Fields was twenty days late in filing his appeal and, due to his late filing, dismissed the appeal. Fields filed a petition for judicial review in the Circuit Court for Howa rd Coun ty. The circuit cou rt affirmed the OA H's orde r of dismissa l. Fields advances the argument in this appeal that the procedures adopted by HCDSS that are set forth in CO MAR 07.02.27.0 5A, impo se upon p arties seeking to pursue a ppeals a burden th at is not allow ed by statute. W e agree w ith Fields and hold that the procedural steps for pursuing an appeal set forth in the aforementioned COMAR regulation as implemented by HCDSS are more burdensome than the appeal process described in Section 5-706.1(b)(1) of the F amily Law Article ("FL ") of the Maryland C ode (1999 R epl. Vol.).

I. FACTS Fields received a "Notice o f Action O pportunity to Appeal" ("notice") from appellee, HCDSS. The notice was dated September 6, 2005, and informed Fields that HCDSS had found him responsible for " indicated" child sexual abuse. Insofar as is here relevant, the notice also said: IF YOU HAVE BEEN FOUND RESPONSIBLE FOR INDICATED CHILD ABUSE OR NEGLECT:

According to the n otice, the term "indicated" means tha t HCD SS has "c redible eviden ce that h as not b een satis factorily re futed th at child a buse o r neglec t occurr ed."
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Maryland Law