Appearance and Waiver of Notice

In administrative proceedings, failure to give notice to a party of the proceeding may result in a vacation of its decision.  However, a party’s appearance and participation in the proceedings will waive the deficiency of service of notice[i].  The giving of notice of a hearing by administrative agencies need only be reasonable and need not meet the exacting requirements for notice in judicial proceedings.  Appearance in person or by attorney at an administrative hearing waives any irregularity or imperfection in the service of notice.  If a general appearance is entered, jurisdiction of the person is conferred, even if notice was defective or was not acquired by proper service of notice or process.

[i] Caucus Distributors, Inc. v. Maryland Sec. Comm’r, 320 Md. 313 (Md. 1990)


Inside Appearance and Waiver of Notice