Home Table of Contents

§ 10-110. Submission before publication

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 III. Proposal and Adoption (Refs & Annos)
Effective: October 1, 2023
MD Code, State Government, § 10-110
§ 10-110. Submission before publication
Currentness
Scope of section
(a) Except for subsection (c) of this section, this section does not apply to a regulation adopted under § 10-111(b) of this subtitle.
Submission of regulations which impact environmental hazards to children
(b) At least 15 days before the date a proposed regulation is submitted to the Maryland Register for publication under § 10-112 of this subtitle, the promulgating unit shall submit to the State Children's Environmental Health and Protection Advisory Council established under § 13-1503 of the Health--General Article for review any proposed regulations identified by the promulgating unit as having an impact on environmental hazards affecting the health of children.
Submission to Committee and Department of Legislative Services
(c)(1)(i) At least 15 days before the date a proposed regulation is submitted to the Maryland Register for publication under § 10-112 of this subtitle, and in accordance with § 10-111.2(c) of this subtitle, the promulgating unit shall submit the proposed regulation to the Committee, the Department of Legislative Services, and the Administrator.
(ii) If a unit wants to alter the text of a proposed regulation after it has been submitted to the Committee and the Department of Legislative Services in accordance with subparagraph (i) of this paragraph and before the proposed regulation is published in the Maryland Register, so that any part of the text as submitted for publication differs substantively from the text previously submitted to the Committee and the Department of Legislative Services, the unit shall:
1. notify the Committee, the Department of Legislative Services, and the Administrator of the change;
2. withdraw the proposed regulation; and
3. resubmit the proposed regulation with the altered text to the Committee, the Department of Legislative Services, and the Administrator at least 15 days prior to publication in the Register.
(iii) 1. If a unit wants to make a nonsubstantive change to the text of a proposed regulation after it has been submitted to the Committee and the Department of Legislative Services in accordance with subparagraph (i) of this paragraph and before the proposed regulation is published in the Maryland Register, the unit shall:
A. notify the Committee, the Department of Legislative Services, the Office of the General Assembly Counsel, and the Administrator of the change; and
B. include with the notice a certificate from the unit that the change is nonsubstantive, including a description of the nature of each change and the basis for the conclusion.
2. Notwithstanding subsubparagraph 1 of this subparagraph, if the Office of the General Assembly Counsel determines that a change to a proposed regulation under subsubparagraph 1 of this subparagraph is not a nonsubstantive change, the unit shall withdraw and resubmit the proposed regulation in accordance with subparagraph (ii) of this paragraph.
(2)(i) If the proposed regulation, either in whole or in part, submitted to the Committee and the Department of Legislative Services in accordance with paragraph (1) of this subsection includes an increase or decrease in a fee for a license to practice any business activity, business or health occupation, or business or health profession licensed or otherwise regulated under State law, the promulgating unit shall include clearly written explanatory reasons that justify the increase or decrease in the fee.
(ii) If a regulation submitted under subparagraph (i) of this paragraph proposes an increase in a fee for a license, the written justification also shall include information about:
1. the amount of money needed by the promulgating unit to operate effectively or to eliminate an imbalance between the revenues and expenditures of the unit;
2. the most recent year in which the promulgating unit had last increased its fees;
3. the structure of the promulgating unit as to whether it is one that retains the license fees it receives or passes them through to a national organization or association that creates and administers a uniform licensing examination that is taken by anyone in the United States who is seeking a license to practice a particular occupation or profession or business activity issued by the promulgating unit;
4. measures taken by the promulgating unit to avoid or mitigate the necessity of a fee increase and the results of those measures;
5. special circumstances about the activities and responsibilities of the promulgating unit, including investigations of individuals licensed by the unit, that have had an adverse impact on the unit's operating expenses;
6. consideration given by the promulgating unit to the hardship a license fee increase may have on individuals and trainees licensed or regulated by the unit; and
7. actions taken by the promulgating unit to elicit the opinions of the individuals who are licensed by the promulgating unit and the members of the public as to the effectiveness and performance of the promulgating unit.
(3) If the promulgating unit estimates that the proposed regulation will have a significant small business impact, the unit shall:
(i) establish an electronic registry that allows any small business or other interested party to register to receive an electronic notification when the proposed regulation or the scope of the proposed regulation is posted on the unit's website in accordance with item (ii) of this paragraph;
(ii) post the proposed regulation or the scope of the proposed regulation on the unit's website at least 15 days before the date the proposed regulation is submitted to the Committee and the Department of Legislative Services in accordance with this section and provide an opportunity for comments on the unit's proposal;
(iii) on posting a proposed regulation or the scope of the proposed regulation on the unit's website in accordance with item (ii) of this paragraph, notify the parties registered in the electronic registry established under item (i) of this paragraph that the proposed regulation or the scope of the proposed regulation has been posted; and
(iv) prepare a compliance guide written in clear, plain English to assist small businesses in complying with the proposed regulation, update the guide as needed until the regulation is final, and post the guide on the unit's website.
Action by Committee
(d)(1) The Committee is not required to take any action with respect to a proposed regulation submitted to it pursuant to subsection (c) of this section.
(2) Failure by the Committee to approve or disapprove the proposed regulation during the period of preliminary review provided by subsection (c) of this section may not be construed to mean that the Committee approves or disapproves the proposed regulation.
(3) During the preliminary review period, the Committee may take any action relating to the proposed regulation that the Committee is authorized to take under §§ 10-111.1 and 10-112 of this subtitle.
Consultation with Committee
(e) Prior to the date specified in subsection (c) of this section, the promulgating unit is encouraged to submit the proposed regulation to the Committee and to consult with the Committee concerning the form and content of that regulation.

Credits

Added by Acts 1985, c. 783, § 3, eff. July 1, 1985. Amended by Acts 1986, c. 5, § 1, eff. July 1, 1986; Acts 2000, c. 585, § 1, eff. Oct. 1, 2000; Acts 2002, c. 19, § 1, eff. April 9, 2002; Acts 2004, 1st Sp. Sess., c. 2, § 1, eff. Feb. 10, 2005; Acts 2004, 1st Sp. Sess., c. 8, § 1, eff. Feb. 10, 2005; Acts 2006, c. 44, § 1, eff. April 8, 2006; Acts 2010, c. 300, § 1, eff. Oct. 1, 2010; Acts 2010, c. 301, § 1, eff. Oct. 1, 2010; Acts 2015, c. 137, § 1, eff. Oct. 1, 2015; Acts 2019, c. 212, § 1, eff. July 1, 2019; 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.
MD Code, State Government, § 10-110, MD STATE GOVT § 10-110
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