Chapter 03. Adoption, Amendment, or Repeal of Regulations
Regulation .01 In General.LinkCopy Citation
A.
Authority of Department. The Department may adopt, amend, or repeal regulations, on a regular or an emergency basis, as prescribed by the Administrative Procedure Act.
B.
Notice and Opportunity for Comment. The Department shall:
(1)
Provide public notice of the proposed adoption, amendment, or repeal; and
(2)
Afford interested persons an opportunity to submit written data, views, or argument.
C.
Hearing. The Department may hold a hearing on the proposed adoption, amendment, or repeal and afford interested persons the opportunity to:
(1)
Submit evidence; and
(2)
Make oral argument.
Regulation .02 Petition—Authorized.LinkCopy Citation
Any interested person may petition the Department for the adoption, amendment, or repeal of any regulation.
Regulation .03 Petition—Form and Contents.LinkCopy Citation
A.
Form. The petition shall be:
(1)
In writing; and
(2)
Filed with the Secretary.
B.
Contents. The petition shall contain:
(1)
The petitioner's name, address, and telephone number;
(2)
The proposed regulation change; and
(3)
A brief statement of the reasons for the proposed change.
Regulation .04 Petition—Action by Secretary.LinkCopy Citation
A.
Notice of Receipt. On receipt of a petition, the Secretary shall promptly mail the petitioner a notice of filing, indicating the date the petition was received.
B.
Consideration and Disposition. Within 60 days after the petition is submitted, the Secretary shall:
(1)
Consider the petition; and
(2)
Either:
(a)
Deny the petition and notify the petitioner in writing of the reasons for the denial; or
(b)
Initiate the procedures for adopting, amending, or repealing the regulation, and notify the petitioner in writing of this action.
Chapter annotations
Authority: Human Services Article, §9-204; State Government Article, §§10-122 and 10-123;Annotated Code of Maryland
History: Effective date: June 18, 2007 (34:12 Md. R. 1067)