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§ 2-303. Procedures for adoption

West's Annotated Code of MarylandEnvironmentEffective: October 1, 2022

West's Annotated Code of Maryland
Environment
Title 2. Ambient Air Quality Control (Refs & Annos)
Subtitle 3. Rulemaking
Effective: October 1, 2022
MD Code, Environment, § 2-303
§ 2-303. Procedures for adoption
Compliance with Administrative Procedure Act
(a) The Department may not adopt any rule or regulation under this title unless the requirements of this section and the Administrative Procedure Act1 are met.
Public hearing
(b)(1) Before adopting any rule or regulation under this title, the Department shall announce and hold a public hearing on the subject.
(2) A public hearing required under this subtitle may be held using teleconference or Internet-based conferencing technology.
Notice
(c)(1) At least 30 days before the public hearing, the Department shall publish notice of the hearing in a newspaper of general circulation in the area concerned or on the Department's website.
(2) The notice required under paragraph (1) of this subsection shall state:
(i) The date, time, and place of the hearing; and
(ii) The purpose of the hearing.
Notice of availability of public notices from Department
(d) The Department shall publish annually a notice in a newspaper of general circulation to inform the public of:
(1) The types of public notices required under this title that are available on the Department's website; and
(2) A phone number or electronic mail address at the Department that a person can contact to arrange for the receipt of future public notices required under this title by first-class mail or electronic mail.
Action after hearing
(e) After the public hearing, the Department may adopt the rule or regulation with or without modification.

Credits

Added by Acts 1982, c. 240, § 2. Amended by Acts 1991, c. 13; Acts 2013, c. 12, § 1, eff. Oct. 1, 2013; Acts 2022, c. 93, § 1, eff. Oct. 1, 2022.
Formerly Art. 43, §§ 697, 700.

Footnotes

State Government § 10-101 et seq.
MD Code, Environment, § 2-303, MD ENVIR § 2-303
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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