§ 6-209. Rulemaking functions of the Interstate Commission
West's Annotated Code of MarylandCorrectional Services
MD Code, Correctional Services, § 6-209
§ 6-209. Rulemaking functions of the Interstate Commission
(b) Rulemaking shall occur pursuant to the criteria set forth in this section and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the federal Administrative Procedure Act, 5 U.S.C. § 551 et seq., and the federal Advisory Committee Act, 5 U.S.C. App. § 1 et seq., as may be amended (hereinafter “APA”). All rules and amendments shall become binding as of the date specified in each rule or amendment.
(e) Not later than 60 days after a rule is promulgated, any interested person may file a petition in the United States District Court for the District of Columbia or in the federal District Court where the Interstate Commission's principal office is located for judicial review of such rule. If the court finds that the Interstate Commission's action is not supported by substantial evidence, (as defined in the APA), in the rulemaking record, the court shall hold the rule unlawful and set it aside.
(h) Upon determination by the Interstate Commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, and in no event later than 90 days after the effective date of the rule.
Credits
Added by Acts 2001, c. 123, § 2.
MD Code, Correctional Services, § 6-209, MD CORR SERV § 6-209
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document |