reglab/statecodes huggingface dataset:
2023 Maryland Statutes › State Government › Title 9.5 - Governor's Office of Community Initiatives › Subtitle 5 - Commission on Lgbtqia+ Affairs › Section 9.5-506 - Director Appointment -- Duties

(a)    (1)    With the approval of the Governor, the Commission shall appoint a director.
(2)    The director may not be a member of the Commission.
(3)    The director serves at the pleasure of the Commission, subject to the concurrence of the Governor.
(b)    The director is a special appointment in the State Personnel Management System.
(c)    Subject to the rules and policies adopted by the Commission and the administrative supervision of the Governor in accordance with Title 8, Subtitle 3 of this article, the director shall:
(1)    administer the activities of the Commission; and
(2)    supervise the appointment and removal of Commission personnel.
2023 Maryland Statutes › State Government › Title 9.5 - Governor's Office of Community Initiatives › Subtitle 5 - Commission on Lgbtqia+ Affairs › Section 9.5-507 - Duties of Commission

The Commission shall:
(1)    assess the challenges facing LGBTQ communities;
(2)    collect data across State agencies on:
(i)    the implementation of LGBTQ–inclusive policies; and
(ii)    complaints alleging discrimination based on sexual orientation or gender identity;
(3)    study and establish best practices for inclusion of LGBTQ individuals and communities;
(4)    inform the Executive and Legislative branches of State government of issues concerning women and LGBTQ persons;
(5)    offer testimony on issues concerning women and LGBTQ persons before legislative and administrative bodies;
(6)    act as a clearinghouse for activities to avoid duplication of efforts;
(7)    create surveys and appoint advisory committees in the fields of:
(i)    education;
(ii)    social sciences;
(iii)    labor and employment laws and policies;
(iv)    law enforcement;
(v)    health and safety;
(vi)    new and expanded services;
(vii)    legal rights;
(viii)    family relations;
(ix)    human relations; and
(x)    volunteer services; and
(8)    publish, in accordance with § 2–1257 of this article, an annual report, and any other material the Commission considers necessary, that includes recommendations on policies for LGBTQ adults and youth that work to end discriminatory practices in the State.
2023 Maryland Statutes › State Government › Title 9.5 - Governor's Office of Community Initiatives › Subtitle 5 - Commission on Lgbtqia+ Affairs › Section 9.5-508 - Funding of Commission -- Funding Not Subject to Reversion -- Subject to Audit

(a)    (1)    The Commission may seek money from the federal government, foundations, and private sources in addition to State financing.
(2)    The Commission may accept gifts, grants, donations, bequests, or endowments for any of its purposes.
(b)    Money received under subsection (a) of this section and income and fees derived from activities of the Commission are not subject to § 7–302 of the State Finance and Procurement Article.
(c)    Money maintained under this section is subject to audit by the State, including the Legislative Auditor.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 1 - Administrative Procedure Act -- Regulations › Part I - Definitions; General Provisions › Section 10-101 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Administrator” means the Administrator of the Division of State Documents.
(c)    “Committee” means the Joint Committee on Administrative, Executive, and Legislative Review.
(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.
(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.
(f)    “Register” means the Maryland Register.
(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.
(h)    “Small business” has the meaning stated in § 2–1505.2 of this article.
(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.
(j)    “Unit” means an officer or unit authorized by law to adopt regulations.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 1 - Administrative Procedure Act -- Regulations › Part I - Definitions; General Provisions › Section 10-102 - Scope of Subtitle

(a)    Except as otherwise expressly provided by law, this subtitle applies to:
(1)    each unit in the Executive Branch of the State government; and
(2)    each unit that:
(i)    is created by public general law; and
(ii)    operates in at least 2 counties.
(b)    This subtitle does not apply to:
(1)    a unit in the Legislative Branch of the State government;
(2)    a unit in the Judicial Branch of the State government;
(3)    a board of license commissioners;
(4)    the Rural Maryland Council; or
(5)    the Military Department.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 1 - Administrative Procedure Act -- Regulations › Part II - Citation of Statutory Authority; Submission to Attorney General › Section 10-107 - Unit Counsel Defined; Submission to Attorney General or Unit Counsel

(a)    “Unit counsel” means the unit counsel for the Commission on Civil Rights, the Public Service Commission, and the State Ethics Commission.
(b)    Unless a proposed regulation is submitted to the Attorney General or to the unit counsel for approval as to legality, the regulation:
(1)    may not be adopted under any statutory authority; and
(2)    if adopted, is not effective.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 1 - Administrative Procedure Act -- Regulations › Part II - Citation of Statutory Authority; Submission to Attorney General › Section 10-108 - Use of "African American" Preferred

In the preparation of a regulation, a unit shall use the term “African American” instead of “Black”, “Negro”, “Afro-American”, or similar terms.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 1 - Administrative Procedure Act -- Regulations › Part III - Proposal and Adoption › Section 10-111.1 - Opposition to Adoption

(a)    (1)    Prior to the expiration of any period of review granted to or reserved by the Committee pursuant to § 10-111(a) of this subtitle, the Committee, by a majority vote, may oppose the adoption of any proposed regulation.
(2)    Unless waived by both of the presiding officers, at least 2 weeks prior to acting pursuant to subsection (a)(1) of this section with respect to any proposed regulation, the Committee shall notify the presiding officers who shall notify the appropriate standing committees that the special procedure established by this section may be exercised.
(b)    In its review of a proposed regulation pursuant to this section, the factors the Committee shall consider shall include whether the regulation:
(1)    is in conformity with the statutory authority of the promulgating unit; and
(2)    reasonably complies with the legislative intent of the statute under which the regulation was promulgated.
(c)    (1)    Within 5 working days after the Committee votes to oppose the adoption of a proposed regulation, it shall provide written notice to the Governor and the promulgating unit of its action.
(2)    Upon receipt of such notice, and with written notice to the Committee and as otherwise required by law, the promulgating unit may:
(i)    withdraw the regulation;
(ii)    modify the regulation, but only in accordance with § 10-113 of this subtitle; or
(iii)    submit the regulation to the Governor with a statement of the justification for the unit’s refusal to withdraw or modify the regulation.
(3)    Following the receipt of notice under paragraph (2)(iii) above, the Governor may consult with the Committee and the unit in an effort to resolve the conflict. After written notice has been provided to the presiding officers and to the Committee, the Governor may:
(i)    instruct the unit to withdraw the regulation;
(ii)    instruct the unit to modify the regulation, but only in accordance with § 10-113 of this subtitle; or
(iii)    approve the adoption of the regulation.
(d)    A proposed regulation opposed by the Committee pursuant to this section may not be adopted, and is not effective unless approved, by the Governor pursuant to subsection (c)(3) of this section.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 1 - Administrative Procedure Act -- Regulations › Part III - Proposal and Adoption › Section 10-111.2 - Proposed and Emergency Regulations -- Posting and Notice

(a)    (1)    The website of the General Assembly shall include a list of all emergency regulations the Committee has received but has not approved.
(2)    For each regulation, the list shall include:
(i)    the date the Committee received the regulation;
(ii)    whether a member of the Committee has requested a public hearing;
(iii)    the date of any public hearing scheduled;
(iv)    the date and a summary of any action the Committee has taken; and
(v)    the name and telephone number of a member of the Committee’s staff who can provide further information.
(3)    A regulation shall be added to the list within 3 business days after receipt of the regulation by the Committee and the Department of Legislative Services.
(b)    (1)    The Department of Legislative Services shall maintain a list of members of the public who have requested to receive notice when the Department of Legislative Services receives proposed regulations for which the promulgating unit has requested emergency adoption.
(2)    A member of the public who requests notice under this subsection shall specify:
(i)    whether the individual wants to receive notice by United States mail or electronic mail; and
(ii)    which agencies’ regulations the individual wants to receive notice of receipt.
(3)    Within 2 business days of receipt of a proposed regulation, the Department of Legislative Services shall provide notice to members of the public who have requested notice, as specified in paragraph (2) of this subsection.
(4)    The Department of Legislative Services:
(i)    may impose a reasonable fee for sending notice under this subsection by United States mail; and
(ii)    may not impose a fee for sending notice under this subsection by electronic mail.
(5)    Upon request, a promulgating unit shall provide copies of emergency regulations to members of the public.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 1 - Administrative Procedure Act -- Regulations › Part III - Proposal and Adoption › Section 10-112 - Procedures for Publication

(a)    (1)    This subsection does not apply to the emergency adoption of a regulation.
(2)    To have a proposed regulation published in the Register, a unit shall submit to the Administrator:
(i)    the proposed regulation; and
(ii)    a notice of the proposed adoption.
(3)    The notice under this subsection shall:
(i)    state the estimated economic impact of the proposed regulation on:
1.    the revenues and expenditures of units of the State government and of local government units; and
2.    groups such as consumer, industry, taxpayer, or trade groups;
(ii)    include a statement of purpose;
(iii)    satisfy the requirements of § 2–1505.2 of this article;
(iv)    comply with § 7–113(c) of the Human Services Article; and
(v)    give persons an opportunity to comment before adoption of the proposed regulation, by:
1.    setting a date, time, and place for a public hearing at which oral or written views and information may be submitted; or
2.    giving a telephone number that a person may call to comment and an address to which a person may send comments.
(4)    (i)    The estimated economic impact statement required under paragraph (3)(i) of this subsection shall state whether the proposed regulation imposes a mandate on a local government unit.
(ii)    If the proposed regulation imposes a mandate, the fiscal impact statement shall:
1.    indicate whether the regulation is required to comply with a federal statutory or regulatory mandate; and
2.    include, in addition to the estimate under paragraph (3)(i)1 of this subsection, the estimated effect on local property tax rates, if applicable, and if the required data is available.
(b)    As soon as the Committee approves emergency adoption of a regulation, the Committee shall submit the regulation to the Administrator.
(c)    If a regulation under this section amends or repeals an adopted regulation, the text of the regulation under this section shall show the changes with the symbols that the Administrator requires.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 1 - Administrative Procedure Act -- Regulations › Part III - Proposal and Adoption › Section 10-112.1 - Publication Time Requirements for Regulations

(a)    Whenever a unit publishes a proposed regulation in the Register in accordance with § 10–112 of this subtitle, the unit shall publish the text of the proposed regulation on the unit’s website not later than 3 business days after the date that the proposed regulation is published in the Register.
(b)    Whenever a unit submits a regulation to the Committee for approval as an emergency adoption in accordance with § 10–111(b) of this subtitle, the unit shall publish the text of the regulation on the unit’s website not later than 3 business days after the date that the regulation is submitted to the Committee for approval of emergency adoption.
(c)    To comply with the publication requirement of this section, a unit shall:
(1)    publish the text of the regulation on the unit’s home page on its website; or
(2)    provide a link on the unit’s home page to the text of the regulation if the text of the regulation is available elsewhere on the unit’s website.
(d)    The failure of a unit to publish the text of a regulation in a timely manner under this section may not invalidate or otherwise affect the adoption of the regulation.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 1 - Administrative Procedure Act -- Regulations › Part III - Proposal and Adoption › Section 10-113 - Changes in Proposed Regulations

(a)    In this section, “unit counsel” has the meaning stated in § 10–107 of this subtitle.
(b)    If a unit wishes to change the text of a proposed regulation so that any part of the text differs substantively from the text previously published in the Register, the unit may not adopt the proposed regulation unless it is proposed anew and adopted in accordance with the requirements of §§ 10–111 and 10–112 of this subtitle.
(c)    If the regulation is proposed anew, the changes in the text shall be shown with the symbols that the Administrator requires.
(d)    (1)    The Administrator shall refuse to publish the notice of adoption of a regulation that differs from the text previously published unless the notice is accompanied by a certification from the Attorney General or the unit counsel that the provisions of subsections (b) and (c) of this section are not applicable.
(2)    The certification shall:
(i)    be prepared in the form and according to guidelines specified by the Administrator;
(ii)    contain a description of the nature of each change and the basis for the conclusion; and
(iii)    be published in the Register as part of the notice of adoption.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 1 - Administrative Procedure Act -- Regulations › Part III - Proposal and Adoption › Section 10-114 - Notice of Adoption

(a)    After adopting a regulation, a unit shall submit to the Administrator a notice of adoption, for publication in the Register.
(b)    If the text of the adopted regulation is the same or substantially similar to the proposed regulation, the notice shall:
(1)    state that the texts are the same or substantially similar;
(2)    cite the date of the Register in which the proposed regulation was published; and
(3)    show each change in the text with the symbols that the Administrator requires.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 1 - Administrative Procedure Act -- Regulations › Part III - Proposal and Adoption › Section 10-115 - Reprints

(a)    A unit may not reset or reprint a regulation in the Code of Maryland Regulations, the permanent supplements to the Code of Maryland Regulations, or the Register without the written permission of the Committee.
(b)    Before reprinting a regulation under this section, a unit shall submit the proposed text of the regulation to the Division of State Documents for comparison with the official text.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 1 - Administrative Procedure Act -- Regulations › Part III - Proposal and Adoption › Section 10-116 - Withdrawal of Proposed Regulation

(a)    A unit:
(1)    may withdraw a proposed regulation at any time before its adoption; but
(2)    may not adopt the proposed regulation unless it is proposed anew and adopted in accordance with the requirements of §§ 10-111 and 10-112 of this subtitle.
(b)    (1)    The failure to adopt a proposed regulation within 1 year after its last publication in the Register constitutes withdrawal under this section.
(2)    The Administrator shall publish in the Register notice of a withdrawal of a proposed regulation under this subsection.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 1 - Administrative Procedure Act -- Regulations › Part III - Proposal and Adoption › Section 10-117 - Effective Date of Regulations

(a)    (1)    Except as otherwise provided in subsection (b) of this section or in other law, the effective date of a regulation is:
(i)    the 10th calendar day after notice of adoption is published in the Register; or
(ii)    a later date that the notice sets.
(2)    For calculation of the effective date under this subsection:
(i)    § 1–302 of the General Provisions Article does not apply;
(ii)    the issue date of the Register in which the notice is published is not counted; and
(iii)    each other calendar day, including Saturdays, Sundays, and legal holidays, is counted.
(b)    The effective date of a regulation after its emergency adoption is the date that the Committee sets.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 1 - Administrative Procedure Act -- Regulations › Part IV - Limited Provisions › Section 10-120 - Scope of Part

(a)    This Part IV of this subtitle does not apply to:
(1)    the Governor;
(2)    the State Department of Assessments and Taxation;
(3)    the Board of Appeals of the Maryland Department of Labor;
(4)    the Insurance Administration;
(5)    the Maryland Parole Commission of the Department of Public Safety and Correctional Services;
(6)    the Public Service Commission;
(7)    the Maryland Tax Court; or
(8)    the State Workers’ Compensation Commission.
(b)    If the Insurance Commissioner states in writing that, as to a particular matter, the Maryland Automobile Insurance Fund need not comply with this Part IV of this subtitle, this Part IV does not apply to the Fund with respect to that matter.
(c)    This subtitle does apply to the property tax assessment appeals boards.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 1 - Administrative Procedure Act -- Regulations › Part IV - Limited Provisions › Section 10-121 - Political Subdivisions and Instrumentalities

A political subdivision of the State or an instrumentality of a political subdivision is entitled, to the same extent as other legal entities, to be an interested person, party, or petitioner in a matter under this subtitle, including an appeal.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 1 - Administrative Procedure Act -- Regulations › Part IV - Limited Provisions › Section 10-122 - Procedural Regulations

(a)    Each unit shall adopt regulations to govern procedures under this Part IV of this subtitle, including the related forms that the unit requires and the instructions for completing the forms.
(b)    To help persons deal with the unit, the unit shall supplement, so far as practicable, the regulations under this section with a description of the procedures of the unit.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 1 - Administrative Procedure Act -- Regulations › Part IV - Limited Provisions › Section 10-123 - Petition for Adoption of Regulation

(a)    An interested person may submit to a unit a petition for the adoption of a regulation.
(b)    Within 60 days after the petition is submitted, the unit shall:
(1)    in writing, deny the petition and state the reasons for the denial; or
(2)    initiate the procedures for adoption of the regulation.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 1 - Administrative Procedure Act -- Regulations › Part IV - Limited Provisions › Section 10-124 - Evaluation of Impact

(a)    In this section, “business” means a trade, professional activity, or other business that is conducted for profit.
(b)    (1)    Before a unit adopts a proposed regulation, the unit shall evaluate whether the proposed regulation has any impact on businesses.
(2)    To evaluate the impact, the unit shall:
(i)    on the basis of the sizes of the businesses that the proposed regulation might affect, divide those businesses into any classes that the unit considers appropriate for the proposed regulation; and
(ii)    particularly consider:
1.    the costs that the proposed regulation would impose on each class; and
2.    the difficulty of compliance for each class.
(c)    On the basis of the evaluation, the unit may adopt 1 or more regulations that apply differently to classes of businesses.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 1 - Administrative Procedure Act -- Regulations › Part IV - Limited Provisions › Section 10-125 - Declaratory Judgment

(a)    (1)    A person may file a petition for a declaratory judgment on the validity of any regulation, whether or not the person has asked the unit to consider the validity of the regulation.
(2)    A petition under this section shall be filed with the circuit court for the county where the petitioner resides or has a principal place of business.
(b)    A court may determine the validity of any regulation if it appears to the court that the regulation or its threatened application interferes with or impairs or threatens to interfere with or impair a legal right or privilege of the petitioner.
(c)    The unit that adopted the regulation shall be made a party to the proceeding under this section.
(d)    Subject to § 10-128 of this subtitle, the court shall declare a provision of a regulation invalid if the court finds that:
(1)    the provision violates any provision of the United States or Maryland Constitution;
(2)    the provision exceeds the statutory authority of the unit; or
(3)    the unit failed to comply with statutory requirements for adoption of the provision.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 1 - Administrative Procedure Act -- Regulations › Part V - Invalid Provisions › Section 10-128 - Severability

(a)    Unless a regulation expressly states otherwise, its provisions are severable.
(b)    The finding of a court that a provision of a regulation is invalid invalidates only any other provision of the regulation that the court finds then is so incomplete that it cannot be carried out in accordance with the purpose of the regulation.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 1 - Administrative Procedure Act -- Regulations › Part V - Invalid Provisions › Section 10-129 - Publications of Notices

(a)    This section applies only to a unit in the Executive Branch of the State government.
(b)    Whenever a court of final appeal declares all or any part of a regulation invalid and unconstitutional:
(1)    the unit that adopted the regulation shall have notice of that fact published in the Register; and
(2)    the Administrator shall publish notice of that fact in the permanent supplements or otherwise in the Code of Maryland Regulations.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 1 - Administrative Procedure Act -- Regulations › Part VI - Regulatory Review and Evaluation Act › Section 10-130 - Definitions

(a)    In this Part VI the following words have the meanings indicated.
(b)    “Adopting authority” means the individual or entity charged under law with adopting regulations for a unit.
(c)    “Committee” means the Joint Committee on Administrative, Executive, and Legislative Review.
(d)    “Evaluation report” means the document prepared by a unit of State government in accordance with this part that results from the unit’s review of its regulations.
(e)    “Regulation” has the meaning stated in § 10–101(g) of this subtitle and is limited to those regulations in effect at the time any action is required or taken under this part.
(f)    “Stakeholder” means a person that has an interest in or is impacted by an existing regulation.
(g)    “Unit” means each unit in the Executive Branch of State government that is authorized by law to adopt regulations.
(h)    “Work plan” means a unit’s proposal for the evaluation of its regulations.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 1 - Administrative Procedure Act -- Regulations › Part VI - Regulatory Review and Evaluation Act › Section 10-132 - Purposes of Part

The purposes of this part are to:
(1)    establish a system of executive and legislative evaluation of regulations that will:
(i)    determine whether the regulations of a unit:
1.    continue to be necessary for the public interest;
2.    continue to be supported by statutory authority and judicial opinions; and
3.    are obsolete or otherwise are appropriate for amendment or repeal; and
(ii)    assist the Executive Branch in being accountable and responsive to the public interest; and
(2)    assure that the evaluation takes place in a timely and orderly manner.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 1 - Administrative Procedure Act -- Regulations › Part VI - Regulatory Review and Evaluation Act › Section 10-132.1 - Schedule of Regulations to Be Reviewed

(a)    (1)    Subject to subsection (b) of this section, the adopting authority for each unit shall every 8 years, beginning on or after October 1, 2001, submit to the Governor and to the Committee a schedule of regulations to be reviewed under this part during the following 8 years.
(2)    (i)    To the extent possible and reasonable, an adopting authority shall schedule related regulations to be reviewed concurrently.
(ii)    Unless good cause exists for publishing a larger group of regulations concurrently, the largest group of regulations that an adopting authority may schedule for review concurrently shall be a subtitle.
(b)    (1)    At the time that a unit’s regulations are scheduled for review under this part, an adopting authority may certify to the Committee and the Governor that the review of a regulation or group of related regulations would not be effective or cost-effective and is exempt from the review process under this subtitle because the regulation or group of related regulations was:
(i)    adopted to implement a federally mandated or federally approved program; or
(ii)    initially adopted or comprehensively amended during the preceding 8 years.
(2)    An adopting authority issuing a certificate of exemption shall provide the Governor and Committee with written justification for the certificate of exemption.
(3)    If there is more than one adopting authority for a regulation or group of related regulations for which an exemption is to be certified, each adopting authority shall sign the certificate of exemption and written justification required under this subsection.
(c)    At any time during a review cycle, the Governor or Committee may ask that an adopting authority review a regulation or group of regulations for which a certificate of exemption has been issued, notwithstanding the claim of exemption.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 1 - Administrative Procedure Act -- Regulations › Part VI - Regulatory Review and Evaluation Act › Section 10-133 - Executive Order for Review and Evaluation of Regulations

(a)    Based on the schedules submitted by the adopting authorities under § 10-132.1 of this subtitle, the Governor shall, by an executive order consistent with this part, provide for the review and evaluation of the regulations of each unit in accordance with this part.
(b)    The executive order shall provide that a review and evaluation of the regulations of all units be undertaken every 8 years, beginning on July 1, 1995 and is repeated during each 8-year period thereafter.
(c)    The executive order under subsection (b) of this section shall schedule the evaluations in such a manner that:
(1)    a deadline is established for each unit to complete its evaluation; and
(2)    the deadlines of the various units are staggered across the entire 8-year period.
(d)    (1)    The executive order shall provide that, on written request from a unit, the Governor may alter the deadline for that unit.
(2)    If the Governor approves a request to alter a deadline, the unit shall notify the Committee.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 1 - Administrative Procedure Act -- Regulations › Part VI - Regulatory Review and Evaluation Act › Section 10-134 - Work Plan

(a)    At least 1 year before the commencement of the review and evaluation of its regulations, each unit shall prepare a work plan and submit the work plan to the Governor and, subject to § 2–1257 of this article, the Committee.
(b)    The work plan shall:
(1)    include a description of the procedures and methods to be used by the unit, which may include:
(i)    procedures for inviting public comment, including:
1.    the publication of notices in the Maryland Register;
2.    the publication of notices in newspapers of general circulation in the State;
3.    the posting of a notice on the unit’s website or on a statewide website created for units to post notices of regulations review;
4.    the mailing of notices; and
5.    the holding of public hearings at various locations around the State;
(ii)    procedures for ensuring the participation of stakeholders in the review process;
(iii)    procedures for ensuring the participation in the review process of other units affected by the regulations; and
(iv)    procedures for gathering and reviewing:
1.    recent scientific information related to the regulations being reviewed;
2.    similar regulations adopted or repealed by other states or the federal government; and
3.    other appropriate information;
(2)    identify the individual or individuals in the unit who will coordinate the evaluation and communicate with the Committee; and
(3)    establish the schedule the unit will follow to complete its evaluation report in a timely manner.
(c)    (1)    Within 30 days after receipt of the work plan by the Committee, it shall:
(i)    advise the unit in writing of any part of the work plan with which it disagrees;
(ii)    submit to the unit in writing any changes it recommends to the work plan; and
(iii)    in the event of a disagreement, attempt to meet with the head of the unit.
(2)    The head of the unit and the Committee shall attempt to resolve any disagreements within 30 days after the Committee acts under this subsection.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 1 - Administrative Procedure Act -- Regulations › Part VI - Regulatory Review and Evaluation Act › Section 10-136 - Disagreement With Recommendations; Required Action by Governor

(a)    (1)    If a unit, other than those referred to in § 10–137 of this subtitle, disagrees with a Committee recommendation and the disagreement has not been resolved by the termination of the period provided under § 10–135(d)(2) of this subtitle, the unit, within 30 days thereafter, shall submit the evaluation report to the Governor with an explanation of the disagreement and a statement of justification for the unit’s position.
(2)    After receipt of the report and accompanying justification and after consulting with the presiding Chairman of the Committee, the Governor shall:
(i)    approve the evaluation report either as proposed by the unit or with such modifications as the Governor deems appropriate; or
(ii)    instruct the unit to modify the evaluation report and, under this section, to submit a revised report to the Governor and to the Committee.
(b)    The unit shall provide the Committee, subject to § 2–1257 of this article, with a copy of an evaluation report approved by the Governor and any other written action taken by the Governor under this section.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 1 - Administrative Procedure Act -- Regulations › Part VI - Regulatory Review and Evaluation Act › Section 10-137 - Resolution of Disagreement

(a)    This section applies to the Comptroller, the Treasurer, the Attorney General, and the Board of Public Works.
(b)    Within 30 days of the receipt by one of the units referred to in subsection (a) of this section of a Committee comment or recommendation under § 10–135(d) of this subtitle with which that unit disagrees, the Comptroller, the Treasurer, the Attorney General, or the Board of Public Works, as the case may be, shall, after consultation with the Committee, resolve the disagreement.
(c)    The unit involved shall promptly notify the Committee of any resolution of a disagreement under this section and provide the Committee with a copy of the approved evaluation report.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 1 - Administrative Procedure Act -- Regulations › Part VI - Regulatory Review and Evaluation Act › Section 10-138 - Proposed Amendments or Repeal of Regulations

(a)    Within 120 days after an evaluation report is approved pursuant to § 10-135(d)(3), § 10-136(a)(2)(i), or § 10-137 of this subtitle, the unit shall propose for adoption any amendments to or repeal of its regulations that were summarized in the unit’s evaluation report as approved.
(b)    The amendments or repeal shall be proposed in the manner provided under Part III of this subtitle.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 2 - Administrative Procedure Act -- Contested Cases › Section 10-201 - Declaration of Policy

The purpose of this subtitle is to:
(1)    ensure the right of all persons to be treated in a fair and unbiased manner in their efforts to resolve disputes in administrative proceedings governed by this subtitle; and
(2)    promote prompt, effective, and efficient government.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 2 - Administrative Procedure Act -- Contested Cases › Section 10-202 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Agency” means:
(1)    an officer or unit of the State government authorized by law to adjudicate contested cases; or
(2)    a unit that:
(i)    is created by general law;
(ii)    operates in at least 2 counties; and
(iii)    is authorized by law to adjudicate contested cases.
(c)    “Agency head” means:
(1)    an individual or group of individuals in whom the ultimate legal authority of an agency is vested by any provision of law; or
(2)    the secretary of the State department that is responsible for State programs that are administered by the Montgomery County Department of Health and Human Services.
(d)    (1)    “Contested case” means a proceeding before an agency to determine:
(i)    a right, duty, statutory entitlement, or privilege of a person that is required by statute or constitution to be determined only after an opportunity for an agency hearing; or
(ii)    the grant, denial, renewal, revocation, suspension, or amendment of a license that is required by statute or constitution to be determined only after an opportunity for an agency hearing.
(2)    “Contested case” does not include a proceeding before an agency involving an agency hearing required only by regulation unless the regulation expressly, or by clear implication, requires the hearing to be held in accordance with this subtitle.
(e)    “License” means all or any part of permission that:
(1)    is required by law to be obtained from an agency;
(2)    is not required only for revenue purposes; and
(3)    is in any form, including:
(i)    an approval;
(ii)    a certificate;
(iii)    a charter;
(iv)    a permit; or
(v)    a registration.
(f)    “Office” means the Office of Administrative Hearings.
(g)    “Presiding officer” means the board, commission, agency head, administrative law judge, or other authorized person conducting an administrative proceeding under this subtitle.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 2 - Administrative Procedure Act -- Contested Cases › Section 10-203 - Scope of Subtitle

(a)    This subtitle does not apply to:
(1)    the Legislative Branch of the State government or an agency of the Legislative Branch;
(2)    the Judicial Branch of the State government or an agency of the Judicial Branch;
(3)    the following agencies of the Executive Branch of the State government:
(i)    the Governor;
(ii)    the Department of Assessments and Taxation;
(iii)    the Insurance Administration except as specifically provided in the Insurance Article;
(iv)    the Maryland Parole Commission of the Department of Public Safety and Correctional Services;
(v)    the Public Service Commission;
(vi)    the Maryland Tax Court;
(vii)    the State Workers’ Compensation Commission;
(viii)    the Maryland Automobile Insurance Fund; or
(ix)    the Patuxent Institution Board of Review, when acting on a parole request;
(4)    an officer or unit not part of a principal department of State government that:
(i)    is created by or pursuant to the Maryland Constitution or general or local law;
(ii)    operates in only 1 county; and
(iii)    is subject to the control of a local government or is funded wholly or partly from local funds;
(5)    unemployment insurance claim determinations, tax determinations, and appeals in the Maryland Department of Labor except as specifically provided in Subtitle 5A of Title 8 of the Labor and Employment Article; or
(6)    any other entity otherwise expressly exempted by statute.
(b)    This subtitle does apply to:
(1)    the property tax assessment appeals boards; and
(2)    as to requests for correction of certificates of death under § 5–310(d)(2) of the Health – General Article, the office of the Chief Medical Examiner.
(c)    A public hearing required or provided for by statute or regulation before an agency takes a particular action is not an agency hearing under § 10–202(d) of this subtitle unless the statute or regulation:
(1)    expressly requires that the public hearing be held in accordance with this subtitle; or
(2)    expressly requires that any judicial review of the agency determination following the public hearing be conducted in accordance with this subtitle.
(d)    (1)    Subject to paragraphs (2) and (3) of this subsection, this subtitle does apply to a contested case that arises from a State program administered by the Montgomery County Department of Health and Human Services in the same manner as the subtitle applies to a county health department or local department of social services.
(2)    For purposes of this subtitle, the Office of the Attorney General, after consultation with the County Attorney for Montgomery County, shall determine if the Montgomery County Department of Health and Human Services administers a State program.
(3)    This subsection is not intended to extend or limit the authority of the Montgomery County Department of Health and Human Services to administer State programs in the manner of a county health department or local department of social services.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 2 - Administrative Procedure Act -- Contested Cases › Section 10-205 - Delegation of Hearing Authority

(a)    (1)    Except as provided in paragraph (2) of this subsection, a board, commission, or agency head authorized to conduct a contested case hearing shall:
(i)    conduct the hearing; or
(ii)    delegate the authority to conduct the contested case hearing to:
1.    the Office; or
2.    with the prior written approval of the Chief Administrative Law Judge, a person not employed by the Office.
(2)    A hearing held in accordance with § 4-608(f) or § 5-610(f) of the Business Occupations and Professions Article may not be delegated to the Office.
(3)    With the written approval of the Chief Administrative Law Judge, a class of contested case hearings may be delegated as provided in paragraph (1)(ii)2 of this subsection.
(4)    This subsection is not intended to restrict the right of an individual, expressly authorized by a statute in effect on October 1, 1993, to conduct a contested case hearing.
(b)    An agency may delegate to the Office the authority to issue:
(1)    proposed or final findings of fact;
(2)    proposed or final conclusions of law;
(3)    proposed or final findings of fact and conclusions of law;
(4)    proposed or final orders or orders under Title 20 of this article; or
(5)    the final administrative decision of an agency in a contested case.
(c)    Promptly after receipt of a request for a contested case hearing, an agency shall:
(1)    notify the parties that the authorized agency head, board, or commission shall conduct the hearing;
(2)    transmit the request to the Office so that the Office shall conduct the hearing in accordance with the agency’s delegation; or
(3)    request written approval from the Chief Administrative Law Judge to appoint a person not employed by the Office to conduct the hearing.
(d)    (1)    Except as provided in paragraph (2) of this subsection, an agency’s delegation and transmittal of all or part of a contested case to the Office is final.
(2)    If an agency has adopted regulations specifying the criteria and procedures for the revocation of a delegation of a contested case, delegation of authority to hear all or part of a contested case may be revoked, by the agency head, board, or commission, in accordance with the agency’s regulations, at any time prior to the earlier of:
(i)    the issuance of a ruling on a substantive issue; or
(ii)    the taking of oral testimony from the first witness.
(e)    (1)    The Office shall:
(i)    conduct the hearing; and
(ii)    except as provided in paragraph (2) of this subsection or as otherwise required by law, within 90 days after the completion of the hearing, complete the procedure authorized in the agency’s delegation to the Office.
(2)    The time limit specified in paragraph (1)(ii) of this subsection may be extended with the written approval of the Chief Administrative Law Judge.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 2 - Administrative Procedure Act -- Contested Cases › Section 10-206 - Procedural Regulations

(a)    (1)    The Office shall adopt regulations to govern the procedures and practice in all contested cases delegated to the Office and conducted under this subtitle.
(2)    Unless a federal or State law requires that a federal or State procedure shall be observed, the regulations adopted under paragraph (1) of this subsection shall take precedence in the event of a conflict.
(b)    Each agency may adopt regulations to govern procedures under this subtitle and practice before the agency in contested cases.
(c)    Regulations adopted under this section may include procedures and criteria for requesting and conducting expedited hearings.
(d)    Each agency and the Office may adopt regulations that:
(1)    provide for prehearing conferences in contested cases; or
(2)    set other appropriate prehearing procedures in contested cases.
(e)    To assist the public in understanding the procedures followed by an agency or the Office in contested cases, an agency or the Office may develop and distribute supplemental explanatory materials, including the related forms that the agency or Office requires and instructions for completing the forms.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 2 - Administrative Procedure Act -- Contested Cases › Section 10-206.1 - Legal Practice

(a)    An agency may not:
(1)    grant the right to practice law to an individual who is not authorized to practice law;
(2)    interfere with the right of a lawyer to practice before an agency or the Office; or
(3)    prohibit any party from being advised or represented at the party’s own expense by an attorney or, if permitted by law, other representative.
(b)    Subsection (a) of this section may not be interpreted to require the State to furnish publicly provided legal services in any proceeding under this subtitle.
2023 Maryland Statutes › State Government › Title 10 - Governmental Procedures › Subtitle 2 - Administrative Procedure Act -- Contested Cases › Section 10-207 - Notice of Agency Action

(a)    An agency shall give reasonable notice of the agency’s action.
(b)    The notice shall:
(1)    state concisely and simply:
(i)    the facts that are asserted; or
(ii)    if the facts cannot be stated in detail when the notice is given, the issues that are involved;
(2)    state the pertinent statutory and regulatory sections under which the agency is taking its action;
(3)    state the sanction proposed or the potential penalty, if any, as a result of the agency’s action;
(4)    unless a hearing is automatically scheduled, state that the recipient of notice of an agency’s action may have an opportunity to request a hearing, including:
(i)    what, if anything, a person must do to receive a hearing; and
(ii)    all relevant time requirements; and
(5)    state the direct consequences, sanction, potential penalty, if any, or remedy of the recipient’s failure to exercise in a timely manner the opportunity for a hearing or to appear for a scheduled hearing.
(c)    The notice of agency action under this section may be consolidated with the notice of hearing required under § 10-208 of this subtitle.
(d)    For purposes of this section, publication in the Maryland Register does not constitute reasonable notice to a party.