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§ 10-101. Definitions

West's Annotated Code of MarylandState GovernmentEffective: October 1, 2023

West's Annotated Code of Maryland
State Government (Refs & Annos)
Title 10. Governmental Procedures (Refs & Annos)
Subtitle 1. Administrative Procedure Act--Regulations (Refs & Annos)
Part I. Definitions; General Provisions (Refs & Annos)
Effective: October 1, 2023
MD Code, State Government, § 10-101
§ 10-101. Definitions
In general
(a) In this subtitle the following words have the meanings indicated.
Administrator
(b) “Administrator” means the Administrator of the Division of State Documents.
Committee
(c) “Committee” means the Joint Committee on Administrative, Executive, and Legislative Review.
Local government unit
(d) “Local government unit” means:
(1) a county;
(2) a municipal corporation;
(3) a special district that is established by State law and that operates within a single county;
(4) a special district that is established by a county pursuant to public general law; or
(5) an office, board, or department that is established in each county under State law and that is funded, pursuant to State law, at least in part by the county governing body.
Mandate
(e) “Mandate” means a directive in a regulation that requires a local government unit to perform a task or assume a responsibility that has a discernible fiscal impact on the local government unit.
Register
(f) “Register” means the Maryland Register.
Regulation
(g)(1) “Regulation” means a statement or an amendment or repeal of a statement that:
(i) has general application;
(ii) has future effect;
(iii) is adopted by a unit to:
1. detail or carry out a law that the unit administers;
2. govern organization of the unit;
3. govern the procedure of the unit; or
4. govern practice before the unit; and
(iv) is in any form, including:
1. a guideline;
2. a rule;
3. a standard;
4. a statement of interpretation; or
5. a statement of policy.
(2) “Regulation” does not include:
(i) a statement that:
1. concerns only internal management of the unit; and
2. does not affect directly the rights of the public or the procedures available to the public;
(ii) a response of the unit to a petition for adoption of a regulation, under § 10-123 of this subtitle; or
(iii) a declaratory ruling of the unit as to a regulation, order, or statute, under Subtitle 3 of this title.
(3) “Regulation”, as used in §§ 10-110 and 10-111.1 of this subtitle, means all or any portion of a regulation.
Small business
(h) “Small business” has the meaning stated in § 2-1505.2 of this article.
Substantively
(i) “Substantively” means in a manner substantially affecting the rights, duties, or obligations of:
(1) a member of a regulated group or profession; or
(2) a member of the public.
Unit
(j) “Unit” means an officer or unit authorized by law to adopt regulations.

Credits

Added by Acts 1984, c. 284, § 1, eff. Oct. 1, 1984. Amended by Acts 1985, c. 783, § 1, eff. July 1, 1985; Acts 1986, c. 654, § 1, eff. July 1, 1986; Acts 1987, c. 641, § 1, eff. July 1, 1987; Acts 1995, c. 388, § 1, eff. Oct. 1, 1995; Acts 1997, c. 334, § 1, eff. Oct. 1, 1997; Acts 2009, c. 60, § 5, eff. April 14, 2009; Acts 2012, c. 201, § 1, eff. June 1, 2012; Acts 2015, c. 137, § 1, eff. Oct. 1, 2015; Acts 2019, c. 212, § 2, eff. Oct. 1, 2021; Acts 2023, c. 349, § 1, eff. Oct. 1, 2023; Acts 2023, c. 350, § 1, eff. Oct. 1, 2023.
Formerly Art. 41, §§ 244, 256B.
MD Code, State Government, § 10-101, MD STATE GOVT § 10-101
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document