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§ 21-243. Issuance of order after hearing

West's Annotated Code of MarylandHealth--General

West's Annotated Code of Maryland
Health--General
Title 21. Food, Drugs, and Cosmetics (Refs & Annos)
Subtitle 2. Maryland Food, Drug, and Cosmetic Act (Refs & Annos)
Part V. State and Federal Rules and Regulations; Administrative Procedures
MD Code, Health - General, § 21-243
§ 21-243. Issuance of order after hearing
Currentness
In general
(a)(1) As soon as practicable after a hearing on a protest to a rule or regulation under § 21-242 of this subtitle, the Secretary shall:
(i) Act on the protest by issuing an order; and
(ii) Send a copy of the order to each protester by certified mail, return receipt requested, bearing a postmark from the United States Postal Service.
(2) Each order issued under this section shall be based on substantial evidence in the record of the hearing.
Effect of order
(b) An order issued by the Secretary under this section may:
(1) Reinstate, rescind, or modify a State adopted federal rule or regulation as a rule or regulation of this State; or
(2) As to any other rule or regulation proposed under this subtitle:
(i) Withdraw the proposal;
(ii) Modify the proposal and set an effective date for the modified proposal that is at least 60 days after publication of the order; or
(iii) Set a new effective date for the original proposal that is at least 60 days after publication of the order.

Credits

Added as Health-Environmental § 4-243 by Acts 1982, c. 240, § 2, eff. July 1, 1982. Amended by Acts 1983, c. 563, § 1, eff. July 1, 1983. Transferred to Health-General § 21-243 by Acts 1987, c. 306, § 2, eff. July 1, 1987. Amended by Acts 1987, c. 306, § 15, eff. July 1, 1987; Acts 1988, c. 6, § 11, eff. July 1, 1988.
Formerly Art. 43, § 191B.
MD Code, Health - General, § 21-243, MD HEALTH GEN § 21-243
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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