Section 10-120 – Scope of Part
(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 […]
Section 10-137 – Resolution of Disagreement
(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 § 10–135(d) of this subtitle with which that unit disagrees, the Comptroller, […]
Section 10-121 – Political Subdivisions and Instrumentalities
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 – Procedural Regulations
(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 […]
Section 10-123 – Petition for Adoption of Regulation
(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 – Evaluation of Impact
(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 […]
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 10-112 – Procedures for Publication
(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 […]