BLAIR LEE III, Acting Governor                        3141

II.

THE STATUTORY SCHEME

Under present Code, Article 40, §40A(f), each of the
several departments, boards, commissions, or other agencies
of the Executive Branch,18 must submit to the A.E.L.R.
Committee every proposed rule, regulation or standard,
including the amendment or repeal thereof; however.
Committee approval of the proposal is not required, except
to the extent that the agency desires that a rule be adopted
on an emergency basis.19 House Bill 619 would amend Sec.
40A for the purpose of vesting in the A.E.L.R. Committee,
subject to ultimate review by the General Assembly at its
next Session, the duty to approve or disapprove all such
rules, regulations and standards proposed after July 1,
1978. Specifically, the bill would amend Code, Art. 40,
§40A to provide:

"(H) (1) DURING THE 45-DAY PERIOD PROVIDED FOR
IN SUBSECTION (F) THE COMMITTEE SHALL APPROVE OR
DISAPPROVE ALL RULES, REGULATIONS, AND STANDARDS
SUBMITTED AFTER JULY 1, 1978, BY A DEPARTMENT,
BOARD, COMMISSION, OR OTHER AGENCY OF THE
EXECUTIVE BRANCH. THIS APPROVAL OR DISAPPROVAL
BY THE COMMITTEE MAY BE OF THE WHOLE OR A PART OF
ANY RULE, REGULATION, OR STANDARD.

(2)    PURSUANT TO THIS SUBSECTION THE
COMMITTEE SHALL PROVIDE THE DEPARTMENT, BOARD,
COMMISSION, OR OTHER AGENCY OF THE EXECUTIVE
BRANCH AND THE DIVISION OF STATE DOCUMENTS WITH
WRITTEN NOTICE OF ITS APPROVAL OR DISAPPROVAL.
IN THE EVENT OF DISAPPROVAL THE NOTICE SHALL
CONTAIN THE GROUNDS THEREFORE AND A BRIEF
EXPLANATION OF THE COMMITTEE'S ACTION.

(3)    IN THE EVENT OF THE FAILURE OF THE
COMMITTEE TO PROVIDE WRITTEN NOTICE TO THE
DEPARTMENT, BOARD, COMMISSION, OR OTHER AGENCY OF
THE EXECUTIVE BRANCH OF ITS APPROVAL OR
DISAPPROVAL THE RULE, REGULATION, OR STANDARD IS
DEEMED TO HAVE BEEN APPROVED.

(4)    UPON THE RECEIPT OF WRITTEN NOTICE OF
DISAPPROVAL, THE DEPARTMENT, BOARD, COMMISSION,
OR OTHER AGENCY OF THE EXECUTIVE BRANCH PROPOSING
THE REGULATION SHALL DETERMINE WHETHER TO
WITHDRAW OR TEMPORARILY ADOPT THE DISAPPROVED
RULE, REGULATION, OR STANDARD OR PORTION THEREOF
AND SHALL ADVISE THE COMMITTEE OF ITS DECISION IN
WRITING.

(5) DISAPPROVAL BY THE COMMITTEE HAS THE
EFFECT OF PROHIBITING FINAL ADOPTION OF THE