# COMAR Title 16 — Department of Juvenile Services

## Subtitle 01 — General Provisions

### Chapter 03 — Adoption, Amendment, or Repeal of Regulations

**Authority:** Human Services Article, §9-204; State Government Article, §§10-122 and 10-123;Annotated Code of Maryland

**Administrative History:** Effective date: June 18, 2007 (34:12 Md. R. 1067)

#### Regulation .01 In General.

*COMAR 16.01.03.01*

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.

*COMAR 16.01.03.02*

Any interested person may petition the Department for the adoption, amendment, or repeal of any regulation.

#### Regulation .03 Petition—Form and Contents.

*COMAR 16.01.03.03*

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.

*COMAR 16.01.03.04*

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.