In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Q: (9th Cir.2003) (<HOLDING>).' Amara’s remaining contentions are 
 Holding statements: (A) holding that proper remedy for failure to exhaust is dismissal of the claim without prejudice (B) recognizing that dismissal may be proper where plaintiff concedes the failure to exhaust (C) holding that dismissal of a pro se complaint for failure to state a claim should generally be without prejudice but if the plaintiff has been given an opportunity amend his complaint and fails to do so the dismissal may be with prejudice (D) holding dismissal with prejudice is appropriate remedy for failure to timely file undertaking (E) holding that a review committee of the kansas board for discipline of attorneys had the authority to dismiss a complaint against an attorney with or without prejudice and when dismissal was ordered without specifying the nature of the dismissal the dismissal was without prejudice to the filing of later proceedings on the same matter

A: (A)
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Q: March 23, 2005, the court held a hearing and, by order bearing the same date, denied the motion, based on the Board’s untimeliness. Discussion Appellant, asserting the interests of the Director and the Animal Services Division, the latter a party to the administrative proceeding and a part of County government, contends the circuit court abused its discretion in denying appellant’s motion for reconsideration without applying the usual standard of review applicable to decisions of administrative agencies. Appellee has not filed a brief on appeal. The standard for judicial review of administrative decisions is well settled. As summarized by the Court of Appeals in Board of Physician Quality Assurance v. Banks, 354 Md. 59, 729 A.2d 376 (1999). A court’s role i 5, 406, 880 A.2d 1118 (2005) (<HOLDING>); Dep’t of Labor v. Boardley, 164 Md. App. 404, 
 Holding statements: (A) holding that in reviewing a gaming commission decision the court will examine the record to determine if there is any evidence to support the commissions order (B) holding that a reviewing courts task is to determine whether there was substantial evidence before the administrative agency on the record as a whole to support the agencys conclusions (C) holding that a courts role in reviewing an administrative agency decision is limited to determining if there is substantial evidence in the record as a whole to support the agencys findings and conclusions and to determine if the administrative decision is premised upon an erroneous conclusion of law (D) holding that under the substantial evidence standard the reviewing court must decide whether on this record it would have been possible for a reasonable jury to reach the agencys conclusion (E) holding the courts scope of review is  limited to determining whether the commissioner applied the correct legal standards and whether the record as a whole contains substantial evidence to support the commissioners findings of fact 

A: (B)
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Q: CURIAM. AFFIRMED. See Robinson v. Sun Bank & Trust Co., 685 So.2d 1325 (Fla. 2d DCA 1996) (<HOLDING>). THOMPSON, TORPY and LAWSON, JJ., 
 Holding statements: (A) holding that the court did not have jurisdiction to hear an appeal after an untimely filing of a notice of appeal (B) holding that an untimely postjudgment motion does not toll the time for filing a notice of appeal and that this court has no jurisdiction over an untimely filed appeal (C) holding that appeal of order became moot when order was complied with and court of appeals was notified and that court of appeals erred in issuing advisory opinion on merits of appeal (D) holding that the case must be dismissed for lack of appellate jurisdiction where notice of appeal was untimely (E) holding that the appellate court must accept appeals referees finding of untimeliness and affirm unemployment appeals commissions order dismissing claimants appeal as untimely where it appeared that claimant did not appeal decision within twenty days and did not dispute that notice of appeal was untimely

A:
(E)
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