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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 0921 September Term, 2009

MALCOLM J. MARKS v. CRIMINAL INJURIES COMPENSATION BOARD

Meredith, Graeff, Thieme, Raymond G., Jr. (Retired, Specially Assigned) JJ.

Opinion by Thieme, J.

Filed: October 29, 2010

This is a petition for judicial review by Malcolm J. Marks, appellant,1 from the decision by the Circuit Court for Baltimore City affirming the denial of victim's compensation benefits issued by the Criminal Injuries Compensation Board. Although appellant presents a variety of questions for our consideration, at issue is whether the Board's decision is supported by substantial evidence based on the record as a whole, is not arbitrary and capricious, and whether it accords with applicable law.2

1

We employ the term "appellant" for convenience. Appellant presents the following specific issues: Review of errors of law is de novo. Contributory conduct must have actually caused the victim's injuries in order to the Board to deny a claim. The Board's obtaining and using criminal history information constituted an unlawful procedure as it violated federal and state law. The Board cannot create a non-statutory reason for denying a claim.

2

I. II.

III.

IV.

Appellant then states two "Questions Presented" as follows: 1. Did the Circuit Court err in upholding the Board's denial of Victim's claim for compensation on the basis that the Victim's own conduct contributed to his injuries? Did the Board's obtaining and using the Victim's criminal history record information constitute an unlawful practice that may have prejudiced the Victim?

2.

In a reply brief, appellant asserts: I. Appellee's Brief was filed untimely and should be stricken, and Appellee should not be allowed to present oral argument. (continued...)

For the reasons set forth below, we shall affirm. PROCEDURAL AND FACTUAL BACKGROUND This matter involves a claim by Malcolm Marks for victim's benefits under the Maryland Criminal Injuries Compensation Act ("Act"). Md. Code (2001 & 2008 Repl. Vol.),

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