State Government (GSG) — Title 10. Governmental Procedures

has general application;

has future effect;

is adopted by a unit to:

is in any form, including:

a statement that:

a response of the unit to a petition for adoption of a regulation, under § 10–123 of this subtitle; or

a declaratory ruling of the unit as to a regulation, order, or statute, under Subtitle 3 of this title.

is created by public general law; and

operates in at least 2 counties.

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.

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:

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.

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:

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;

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;

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

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.

after submission of the proposed regulation to the Committee for preliminary review under § 10–110 of this subtitle; and

at least 45 days after its first publication in the Register.

If the Committee determines that an appropriate review cannot reasonably be conducted within 45 days and that an additional period of review is required, it may delay the adoption of the regulation by so notifying the promulgating unit and the Division of State Documents, in writing, prior to the expiration of the 45–day period.

If notice is provided to the promulgating unit pursuant to subparagraph (i) of this paragraph, the promulgating unit may not adopt the regulation until it notifies the Committee, in writing by U.S. mail and e–mail, of its intention to adopt the regulation and provides the Committee with a further period of review of the regulation that terminates not earlier than the later of the following:

Notice given under subparagraph (ii) of this paragraph to the Committee of a unit’s intention to adopt a regulation shall be published in the Register within 30 days after receipt of the notice by the Committee.

declares that the emergency adoption is necessary;

submits the proposed regulation to the Committee and the Department of Legislative Services, together with the fiscal impact statement required under subsection (c) of this section; and

has the approval of the Committee for the emergency adoption.

Subject to subparagraphs (ii), (iii), and (iv) of this paragraph, the approval of the Committee may be given:

If a member of the Committee requests a public hearing on the emergency adoption of a regulation, the Committee shall hold a public hearing.

Unless the Governor declares that immediate adoption is necessary to protect the public health or safety, the Committee may not approve the emergency adoption of a regulation earlier than 10 business days after receipt of the regulation by the Committee and the Department of Legislative Services.

the members of the Committee; or

if staff of the Committee tries but is unable to contact a majority of the members of the Committee in a timely manner and immediate adoption is necessary to protect the public health or safety, the presiding Chairman or the cochair.

The Committee may impose, as part of its approval, any condition.

The Committee shall impose, as part of its approval, a time limit not to exceed 180 days on each request for emergency status.

If the unit does not adopt the regulation finally before the time limit expires, the status of the regulation reverts to its status before the emergency adoption.

an estimate of the impact of the emergency regulation on the revenues and expenditures of the State;

whether the State budget for the fiscal year in which the regulation will become effective contains an appropriation of the funds necessary for the implementation of the emergency regulation;

if an appropriation is not contained in the State budget, the source of the funds necessary for the implementation of the emergency regulation; and

whether the emergency regulation imposes a mandate on a local government unit.

indicate whether the regulation is required to comply with a federal statutory or regulatory mandate;

if the information may be practicably obtained given the emergency circumstances of the regulations, include an estimate of the impact of the emergency regulation on the revenues and expenditures of local government units; and

if applicable, and if the required data is available, include the estimated effect on local property tax rates.

withdraw the regulation;

modify the regulation, but only in accordance with § 10-113 of this subtitle; or

submit the regulation to the Governor with a statement of the justification for the unit’s refusal to withdraw or modify the regulation.

instruct the unit to withdraw the regulation;

instruct the unit to modify the regulation, but only in accordance with § 10-113 of this subtitle; or

approve the adoption of the regulation.

the date the Committee received the regulation;

whether a member of the Committee has requested a public hearing;

the date of any public hearing scheduled;

the date and a summary of any action the Committee has taken; and

the name and telephone number of a member of the Committee’s staff who can provide further information.

whether the individual wants to receive notice by United States mail or electronic mail; and

which agencies’ regulations the individual wants to receive notice of receipt.

may impose a reasonable fee for sending notice under this subsection by United States mail; and

may not impose a fee for sending notice under this subsection by electronic mail.

Each unit shall follow the procedures adopted by the Department of Legislative Services under this subsection.

A unit submitting a proposed regulation to the Committee shall include the text of the proposed regulation and the notice of proposed adoption that is required to be submitted to the Administrator under § 10–112(a)(2) of this subtitle.

The Administrator shall consult with the Department of Legislative Services to ensure that notice of the receipt of proposed and emergency regulations by the Administrator under this title is transmitted to and received by the Committee and the Department of Legislative Services in a timely manner.

When the Administrator transmits a proposed or emergency regulation to the Committee and the Department of Legislative Services, the Administrator shall also provide receipt of the transmittal to the unit that originally submitted the regulation to the Division.

Submission of a regulation, a work plan, or an evaluation report to the Committee under this subsection does not satisfy any requirement under this subtitle for a unit to submit a regulation, a work plan, or an evaluation report to the Administrator for publication in the Register.

Any requirement under this subtitle for a unit to submit a regulation to the Committee may not be satisfied by submitting the regulation to the Division.

the proposed regulation; and

a notice of the proposed adoption.

state the estimated economic impact of the proposed regulation on:

include a statement of purpose;

satisfy the requirements of § 2–1505.2 of this article;

comply with § 7–113(c) of the Human Services Article; and

give persons an opportunity to comment before adoption of the proposed regulation, by:

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.

If the proposed regulation imposes a mandate, the fiscal impact statement shall:

be prepared in the form and according to guidelines specified by the Administrator;

contain a description of the nature of each change and the basis for the conclusion; and

be published in the Register as part of the notice of adoption.

the 10th calendar day after notice of adoption is published in the Register; or

a later date that the notice sets.

§ 1–302 of the General Provisions Article does not apply;

the issue date of the Register in which the notice is published is not counted; and

each other calendar day, including Saturdays, Sundays, and legal holidays, is counted.

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

particularly consider:

continue to be necessary for the public interest;

continue to be supported by statutory authority and judicial opinions; and

are obsolete or otherwise are appropriate for amendment or repeal; and

To the extent possible and reasonable, an adopting authority shall schedule related regulations to be reviewed concurrently.

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.

adopted to implement a federally mandated or federally approved program; or

initially adopted or comprehensively amended during the preceding 8 years.

procedures for inviting public comment, including:

procedures for ensuring the participation of stakeholders in the review process;

procedures for ensuring the participation in the review process of other units affected by the regulations; and

procedures for gathering and reviewing:

advise the unit in writing of any part of the work plan with which it disagrees;

submit to the unit in writing any changes it recommends to the work plan; and

in the event of a disagreement, attempt to meet with the head of the unit.

a list of any stakeholders invited to review the regulations and a summary of their participation in and input into the review process;

a list of any affected units invited to review the regulations and a summary of their participation in and input into the review process;

a description of the process used to solicit public comment, including:

summaries of:

a description of any interunit conflict reviewed and the resolution or proposed resolution of that conflict;

a summary of any relevant scientific data gathered;

a summary of any relevant information gathered related to the regulations of other states or the federal government;

a summary of any other relevant information gathered;

a summary of any proposed amendments to the unit’s regulations and the reason that the amendments are being proposed;

a summary of any proposed repeal of those regulations and the reason that the repeal is being proposed; and

any proposed reorganization of those regulations and the reason that the reorganization is being proposed.

provide a copy to the Committee which shall immediately provide copies thereof to the standing committees designated by the presiding officers for their review and comment;

provide sufficient copies to the State Library Resource Center for distribution to designated depository libraries in accordance with § 23–303 of the Education Article; and

publish a notice in the Maryland Register that the evaluation report is available for public inspection and comment for 60 days.

notify the Committee of the unit’s agreement or disagreement with the Committee’s recommendations; and

attempt to resolve any disagreements.

approve the evaluation report either as proposed by the unit or with such modifications as the Governor deems appropriate; or

instruct the unit to modify the evaluation report and, under this section, to submit a revised report to the Governor and to the Committee.

is created by general law;

operates in at least 2 counties; and

is authorized by law to adjudicate contested cases.

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

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.

an approval;

a certificate;

a charter;

a permit; or

a registration.

the Governor;

the Department of Assessments and Taxation;

the Insurance Administration except as specifically provided in the Insurance Article;

the Maryland Parole Commission of the Department of Public Safety and Correctional Services;

the Public Service Commission;

the Maryland Tax Court;

the State Workers’ Compensation Commission;

the Maryland Automobile Insurance Fund; or

the Patuxent Institution Board of Review, when acting on a parole request;

is created by or pursuant to the Maryland Constitution or general or local law;

operates in only 1 county; and

is subject to the control of a local government or is funded wholly or partly from local funds;

conduct the hearing; or

delegate the authority to conduct the contested case hearing to:

the issuance of a ruling on a substantive issue; or

the taking of oral testimony from the first witness.

conduct the hearing; and

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.

the facts that are asserted; or

if the facts cannot be stated in detail when the notice is given, the issues that are involved;

what, if anything, a person must do to receive a hearing; and

all relevant time requirements; and

judicially noticeable; or

general, technical, or scientific and within the specialized knowledge of the agency.

before or during the hearing, by reference in a preliminary report, or otherwise, shall notify each party; and

shall give each party an opportunity to contest the fact.

file exceptions with the agency to the proposed decision; and

present argument to the final decision maker that the proposed decision should be affirmed, reversed, or remanded.

file exceptions to the proposed decision with the agency; and

present argument to a majority of the officials who are to make the final decision.

personally consider each part of the record that a party cites in its exceptions or arguments before making a final decision; and

except as otherwise provided by law or by agreement of the parties, make the final decision within 90 days after the exceptions are filed or the argument is presented, whichever is later.

any party to the case or the party’s representative or attorney; or

any person who presided at a previous stage of the case.

each written communication received;

a memorandum that states the substance of each oral communication received;

each written response to a communication; and

a memorandum that states the substance of each oral response to the communication; and

withdraw from the proceeding; or

terminate the proceeding without prejudice.

review the Office’s proposed findings, conclusions, or order;

issue the proposed decision, which may include the Office’s proposed findings, conclusions, or order with or without modification; and

send the proposed decision and a copy of the Office’s proposed findings, conclusions, or order to the parties.

the findings of fact;

the conclusions of law; and

the order.

determines rights and liabilities; and

has immediate legal consequences; and

before the hearing date in court, a party applies for leave to offer additional evidence; and

the court is satisfied that:

the additional evidence; and

any modifications of the findings or decision.

hear oral argument; and

receive written briefs.

is unconstitutional;

exceeds the statutory authority or jurisdiction of the final decision maker;

results from an unlawful procedure;

is affected by any other error of law;

is unsupported by competent, material, and substantial evidence in light of the entire record as submitted;

in a case involving termination of employment or employee discipline, fails to reasonably state the basis for the termination or the nature and extent of the penalty or sanction imposed by the agency; or

is arbitrary or capricious.

an adjudication, stipulation, or acceptance of liability of the business or nonprofit organization;

a determination of noncompliance, violation, infringement, deficiency, or breach on the part of the business or nonprofit organization; or

a settlement agreement under which the business or nonprofit organization agrees to take corrective action or to pay a monetary sum.

the expenses incurred in the contested case;

court costs;

counsel fees; and

the fees of necessary witnesses.

is required by law to be obtained from a unit;

is not required only for revenue purposes; and

is in any form, including:

adopt regulations subject to Subtitle 1 of this title; or

adjudicate contested cases under this subtitle.

the time for seeking judicial review of the action expires; or

any judicial stay of the unit’s final action expires.

written notice of the facts that warrant suspension or revocation; and

an opportunity to be heard.

finds that the public health, safety, or welfare imperatively requires emergency action; and

promptly gives the licensee:

keep a current plan for the management of the forms that the unit uses; and

administer the plan; and

is needed for the effective or efficient operation of the department or independent unit;

requests information that is needed for or relevant to a lawful purpose of the department or independent unit;

does not impose an undue burden on the individual who is to complete the form;

is as brief, as plainly written, as well designed, and as easily completed as possible; and

does not duplicate unnecessarily:

to review periodically each form that has been approved to determine whether the officer still approves the form; and

if not, to remove the form from the register.

develop a proposed plan; and

coordinate the proposed plan with other plans;

American Indian or Alaska Native;

Asian;

Black or African American;

Native Hawaiian or other Pacific Islander; and

White.

Respondents shall select their own answers, except when it is not possible for the respondent to do so.

In the event that a respondent is not able to select an answer, an observer, such as a family member or friend, may select the answer on behalf of the respondent.

the security of the records;

the establishment and revision, in accordance with the regulations, record retention and disposal schedules to ensure the prompt and orderly disposition of records, including electronic records, that the unit no longer needs for its operation;

the maintenance of inventories of records series that are accurate and complete; and

the transfer of permanent records to the custody of the Archives.

a list of the records that were destroyed; and

a certificate of destruction.

The State Archivist shall keep each list of the records destroyed under this subsection.