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: 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: not impliedly preempt the field of law related to the price, route, and service of motor carriers of property, and does not impliedly preempt by conflict her state-law claims. As stated above, in Kelley the Tenth Circuit Court of Appeals concluded that 14501(c) preempts the field of law regarding price, route, and service of motor carriers of property. See Kelley, 69 F.3d at 1509-10 ("Here, Congress has clearly chosen ... to preempt the entire field of price, service, and route regulation of intrastate motor carrier activities."). Furthermore, other federal courts have held that 14501(c)(1) expressly preempts state tort claims relating to price, route, or service against motor carriers of property. See, e.g., Data Mfg., Inc. v. United Parcel Serv., Inc., 557 F.3d 849 (8th Cir.2009) (<HOLDING>); Deerskin Trading Post, Inc. v. United Parcel
Holding statements: (A) holding plaintiffs statelaw claims alleging common law misrepresentation and statutory misrepresentation under the texas insurance code art 2121 not preempted because they were not dependent on the right to recover benefits under the erisa plan (B) holding fraudulent representations to the fda could not sustain statelaw claims (C) holding that 14501c1 preempted statelaw claims of fraudulent and negligent misrepresentation and money had and received related to billing practices of motor carrier of property (D) holding negligent misrepresentation sufficient (E) holding misrepresentation claim to be preempted

A: (C)
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Q: calculated by summing Keszen-heimer's regular monthly salary and a 24-month average of both his offshore per diem and the taxable automobile allowance. 5 . Facility Ins. Corp. v. Employers Ins. of Wausau, 357 F.3d 508, 512 (5th Cir.2004). 6 . Fed.R.Civ.P. 56(c); see Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). 7 . Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); Ramming v. Nat'l Gas Pipeline Co. of Am., 390 F.3d 366, 371 (5th Cir.2004). 8 . Wegner v. Standard Ins. Co., 129 F.3d 814, 818 (5th Cir.1997) (citing Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 115, 109 S.Ct. 948, 103 L.Ed.2d 80 (1989)). 9 . Id. 10 . Id. (internal quotation marks and citation omitted). 11 . Id. 12 . Id. (<HOLDING>). Because the plain meaning of the policy terms
Holding statements: (A) holding terms overtime or any other extra compensation to be unambiguous and assuming salary was also commonly understood (B) holding that the words amount and compensation in the regulation referred to cash or salary rather than to all forms of compensation (C) holding where terms are unambiguous any facts about the parties intent are immaterial (D) recognizing court must enforce unambiguous contract according to its terms (E) holding that limitation of liability clause was unambiguous

A:
(A)
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