HARRY HUGHES, Governor

1283

(II) IF A MEMBER OF THE COMMITTEE OBJECTS TO
APPROVAL OF THE EMERGENCY ADOPTION, THE APPROVAL OF THE COMMITTEE
MAY BE GIVEN ONLY BY A MAJORITY OF ITS MEMBERS WHO ARE PRESENT
AND VOTING AT A PUBLIC HEARING.

(3)  THE STAFF OF THE COMMITTEE MAY POLL THE MEMBERS
OF THE COMMITTEE, IN PERSON, BY TELEPHONE, OR IN WRITING.

(4) (I) THE COMMITTEE MAY IMPOSE, AS PART OF ITS
APPROVAL, ANY CONDITION, INCLUDING A TIME LIMIT.

(II) IF THE COMMITTEE IMPOSES A TIME LIMIT ON
THE EFFECTIVENESS OF THE REGULATION AND THE UNIT DOES NOT ADOPT
THE REGULATION FINALLY BEFORE THE TIME LIMIT EXPIRES, THE STATUS
OF THE REGULATION REVERTS TO ITS STATUS BEFORE THE EMERGENCY
ADOPTION.

(5)  THE COMMITTEE MAY RESCIND ITS APPROVAL BY A
MAJORITY OF ITS MEMBERS PRESENT AND VOTING AT A PUBLIC MEETING
HEARING.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 40, §
40A(g)(l) through (5) and former Art. 41, §
256-I(a)(l).

In subsection (a) of this section, the former words
"amendment" and "repeal" are deleted as unnecessary
since the amendment or repeal of a regulation is
accomplished through the adoption of a later
regulation. These deletions are consistent with the
definition of "regulation" to mean "a statement or an
amendment or repeal of a statement".

In the introductory clause of subsection (b)(1) of
this section, the defined term "unit" is substituted
for the former reference to an "adopting agency", to
include officers. This substitution is supported by
62 Op. Att'y Gen. 24 (1977), in which the Attorney
General stated that the authority of the Committee as
to review and approval of emergency adoption applies
to the regulations of each office of the Executive
Branch and not just to those of the units that were
"agenc[ies]" for the purpose of the former Art. 41, §§
244 through 256A. This substitution also conforms
subsection (b) of this section to subsection (a) of
this section -- in which the former word "agency" was
defined to mean, inter alia, an officer.

Also in the introductory clause of subsection (b)(1)
of this section, the power to "adopt a proposed
regulation immediately" is substituted for the former
reference to the "rule ... may become effective
immediately". For consistency, throughout subsection
(b)(1) and (4)(ii) of this section, references to