Section 10-125 – Declaratory Judgment
(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 […]
Section 10-128 – Severability
(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 – Publications of Notices
(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 […]
Section 10-130 – Definitions
(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 […]
Section 10-131 – Applicability of Part
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 – Purposes of Part
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; […]
Section 10-132.1 – Schedule of Regulations to Be Reviewed
(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 […]
Section 10-133 – Executive Order for Review and Evaluation of Regulations
(a) Based on the schedules submitted by the adopting authorities under § 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 […]
Section 10-116 – Withdrawal of Proposed Regulation
(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 §§ 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 […]
Section 10-134 – Work Plan
(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 § 2–1257 of this article, the Committee. (b) The work plan shall: (1) include a description of the procedures and methods to be used […]