Section 10-139 – Citation of Part
This Part VI of this subtitle may be cited as the “Regulatory Review and Evaluation Act”.
Section 10-138 – Proposed Amendments or Repeal of Regulations
(a) Within 120 days after an evaluation report is approved pursuant to § 10-135(d)(3), § 10-136(a)(2)(i), or § 10-137 of this subtitle, the unit shall propose for adoption any amendments to or repeal of its regulations that were summarized in the unit’s evaluation report as approved. (b) The amendments or repeal shall be proposed in the manner […]
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 10-130 – 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.