# State Government (GSG)

## Title 10. Governmental Procedures

### Subtitle 1. Administrative Procedure Act -- Regulations

#### Section 10-101

(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 Sec. 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 Sec.Sec. 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 Sec. 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.

#### Section 10-102

(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.

#### Section 10-105

This Part II of this subtitle does not apply to a regulation of a bicounty commission that county governing bodies appoint.

#### Section 10-106

A regulation is not effective unless it contains a citation of the statutory authority for the regulation.

#### Section 10-107

(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.

#### Section 10-108

In the preparation of a regulation, a unit shall use the term "African American" instead of "Black", "Negro", "Afro-American", or similar terms.

#### Section 10-109

This Part III of this subtitle applies only to a unit in the Executive Branch of the State government.

#### Section 10-110

(a) Except for subsection (c) of this section, this section does not apply to a regulation adopted under Sec. 10-111(b) of this subtitle.

(b) At least 15 days before the date a proposed regulation is submitted to the Maryland Register for publication under Sec. 10-112 of this subtitle, the promulgating unit shall submit to the State Children's Environmental Health and Protection Advisory Council established under Sec. 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.

(c)

  (1)

    (i) At least 15 days before the date a proposed regulation is submitted to the Maryland Register for publication under Sec. 10-112 of this subtitle, and in accordance with Sec. 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.

(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 Sec.Sec. 10-111.1 and 10-112 of this subtitle.

(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.

#### Section 10-111

(a)

  (1) Except as provided in subsection (b) of this section, a unit may not adopt a proposed regulation until:

    (i) after submission of the proposed regulation to the Committee for preliminary review under Sec. 10-110 of this subtitle; and

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

  (2)

    (i) 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.

    (ii) 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:

      (1) the 60th day following the notice provided by the promulgating unit under this subparagraph; or

      (2) the 105th day following the initial publication of the regulation in the Register.

    (iii) 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.

  (3) The promulgating unit shall permit public comment for at least 30 days of the 45-day period under paragraph (1)(ii) of this subsection.

(b)

  (1) The unit may adopt a proposed regulation immediately if the unit:

    (i) declares that the emergency adoption is necessary;

    (ii) 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

    (iii) has the approval of the Committee for the emergency adoption.

  (2)

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

      (1) by a majority of its members who are present and voting at a public hearing or meeting of the Committee; or

      (2) 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, by its presiding Chairman or, if its presiding Chairman is unavailable, by its cochair.

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

    (iii)

      (1) If a public hearing is held on the emergency adoption of a regulation, the Committee may not approve the emergency adoption except by a majority vote of the members present and voting at the hearing or at a meeting of the Committee subsequent to the hearing.

      (2) If a vote on the emergency regulation is not taken at the public hearing or immediately thereafter, the Committee members shall be provided at least 1 week's notice of the scheduling of any subsequent meeting to vote on the regulation.

    (iv) 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.

  (3) If there is no request for a public hearing, the staff of the Committee may poll, in person, by telephone, or in writing:

    (i) the members of the Committee; or

    (ii) 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.

  (4)

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

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

    (iii) 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.

  (5) The Committee may rescind its approval by a majority of its members present and voting at a public hearing or meeting of the Committee.

(c)

  (1) The fiscal impact statement, prepared by the unit and submitted under subsection (b) of this section, shall state:

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

    (ii) 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;

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

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

  (2) If the emergency regulation imposes a mandate on a local government unit, the fiscal impact statement shall:

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

    (ii) 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

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

#### Section 10-111.1

(a)

  (1) Prior to the expiration of any period of review granted to or reserved by the Committee pursuant to Sec. 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 Sec. 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 Sec. 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.

#### Section 10-111.2

(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.

(c)

  (1) The Department of Legislative Services shall adopt procedures for the required submission of proposed and emergency regulations, work plans, and evaluation reports to the Committee by a unit.

  (2)

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

    (ii) 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 Sec. 10-112(a)(2) of this subtitle.

  (3)

    (i) 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.

    (ii) 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.

  (4)

    (i) 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.

    (ii) 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.

#### Section 10-112

(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 Sec. 2-1505.2 of this article;

    (iv) comply with Sec. 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.

#### Section 10-112.1

(a) Whenever a unit publishes a proposed regulation in the Register in accordance with Sec. 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 Sec. 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.

#### Section 10-113

(a) In this section, "unit counsel" has the meaning stated in Sec. 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 Sec.Sec. 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.

#### Section 10-114

(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.

#### Section 10-115

(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.

#### Section 10-116

(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 Sec.Sec. 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.

#### Section 10-117

(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) Sec. 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.

#### Section 10-118

The Committee may exercise a power granted under this subtitle over an emergency or proposed regulation or a specific, distinct, and severable provision of an emergency or proposed regulation.

#### Section 10-120

(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.

#### Section 10-121

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.

#### Section 10-122

(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.

#### Section 10-123

(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.

#### Section 10-124

(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.

#### Section 10-125

(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 Sec. 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.

#### Section 10-128

(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.

#### Section 10-129

(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.

#### Section 10-130

(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 Sec. 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.

#### Section 10-131

This part does not apply to a regulation of a bi-county or multicounty commission or authority or to any other entity not a part of the Executive Branch of State government.

#### Section 10-132

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.

#### Section 10-132.1

(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.

#### Section 10-133

(a) Based on the schedules submitted by the adopting authorities under Sec. 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.

#### Section 10-134

(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 Sec. 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.

#### Section 10-135

(a)

  (1) Pursuant to the work plan adopted under Sec. 10-134 of this subtitle, each unit shall complete an evaluation report on or before the deadline established by the executive order.

  (2) Consistent with the requirements of Sec. 10-132(1)(i) of this subtitle, the evaluation report shall contain:

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

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

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

      (1) any notice published in the Maryland Register;

      (2) any notice published in newspapers of general circulation;

      (3) any notice posted on the unit's website or on a statewide website created for units to post notices of regulations review;

      (4) any mailing by the adopting authority; and

      (5) any public hearing held;

    (iv) summaries of:

      (1) all comments received from stakeholders, affected units, or the public; and

      (2) the adopting authority's responses to those comments;

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

    (vi) a summary of any relevant scientific data gathered;

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

    (viii) a summary of any other relevant information gathered;

    (ix) a summary of any proposed amendments to the unit's regulations and the reason that the amendments are being proposed;

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

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

(b)

  (1) On completion of its evaluation report, a unit shall:

    (i) 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;

    (ii) provide sufficient copies to the State Library Resource Center for distribution to designated depository libraries in accordance with Sec. 23-303 of the Education Article; and

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

  (2) The unit may hold a public hearing on the evaluation report at the discretion of the head of the unit.

(c)

  (1) The Committee shall review the evaluation report.

  (2) During the review, the Committee may solicit public comment through written comments or public hearings.

(d)

  (1) During the 60-day review period established under subsection (b)(1) of this section, the Committee may submit to the unit comments on and recommendations for change in the unit's evaluation report.

  (2) Within 30 days after the termination of the 60-day review period, the unit shall:

    (i) notify the Committee of the unit's agreement or disagreement with the Committee's recommendations; and

    (ii) attempt to resolve any disagreements.

  (3) If the Committee submits no comments or recommendations under this subsection, or if any disagreements have been resolved by the termination of the period provided in paragraph (2) of this subsection, the evaluation report is deemed approved.

#### Section 10-136

(a)

  (1) If a unit, other than those referred to in Sec. 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 Sec. 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 Sec. 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.

#### Section 10-137

(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 Sec. 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.

#### Section 10-138

(a) Within 120 days after an evaluation report is approved pursuant to Sec. 10-135(d)(3), Sec. 10-136(a)(2)(i), or Sec. 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.

#### Section 10-139

This Part VI of this subtitle may be cited as the "Regulatory Review and Evaluation Act".

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Md. Code Ann., State Gov't (as displayed at mgaleg.maryland.gov, October 16, 2026)