Plain Text Law

Chapter 02. Petition for Promulgation, Amendment, or Repeal of Regulations

Regulation .01 Who May File.Copy Citation

Any interested person may file a petition with the Secretary to adopt a new regulation under the laws administered by the Department of General Services or the amendment or repeal of any existing regulation issued under those laws.

Regulation .02 Form.Copy Citation

The petition shall be submitted in writing and shall provide the following information:
A.
The full text of a proposed regulation or regulations.
B.
The identification and the full text of an existing regulation or regulations, as proposed to be amended, indicating proposed changes.
C.
The identification of the regulation or regulations for which repeal is sought.
D.
A statement in support of the proposal made. This statement shall:
(1)
Make reference to the statutory basis for the proposal, including, when appropriate, judicial and administrative interpretations of the statute or statutes in question;
(2)
Include specific objections to existing regulations, practices, or interpretations; and
(3)
Set forth the policy considerations which support adoption of the proposal.
E.
A statement describing in detail the interest of the petitioner in making the proposal. This description shall include a statement as to whether the proposal is intended to affect the consequences of any transaction or transactions entered into or contemplated by the petitioner, its vendors, customers, clients, or any person upon whose request or upon whose behalf the proposal is made, which are known by the petitioner to be the subject of an inquiry of the Department of General Services and shall contain an explanation of the circumstances surrounding the inquiry, if any.

Regulation .03 Submission, Consideration, and Disposition.Copy Citation

A.
Within 60 days after submission of a petition, the Secretary of the Department of General Services shall either deny the petition in writing, stating the reasons for the denial, or initiate rule-making proceedings.
B.
If a petition is denied, another petition substantially the same as the one denied within the past 6 months will not be accepted for review unless circumstances, as determined solely by the Department, warrant otherwise.
Chapter annotations
Authority: State Government Article, § 10-123, Annotated Code of Maryland
History: Effective date: November 9, 1982 (9:22 Md. R. 2196)