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Session Laws, 1984
Volume 759, Page 1284   View pdf image
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1284

LAWS OF MARYLAND

Ch. 284

"emergency adoption" of a regulation are substituted
for former references such as "necessary as an
emergency measure", "emergency request", and
"emergency approval". These substitutions conform
subsection (b) of this section to subsection (a) of
this section, which restricts adoption. As to the
effective date of regulations, see § 10-117 of this
subtitle.

In subsection (b)(4)(i) of this section, the former
phrase "but not limited to" is deleted as unnecessary
in light of the use of the defined term "including".

In subsection (b)(4)(ii) of this section, the language
"on the effectiveness of the regulation" is added to
modify the words "time limit", to reflect that the
Committee sets a date on which the regulation becomes
effective and may limit the time during which the
regulation remains effective.

Also in subsection (b)(4)(ii) of this section, the
reference to reversion of "the status of the
regulation" is substituted for the former reference to
"the text of a regulation affected by the emergency
measure reverts to its original language", to
encompass emergency adoption of a new regulation.

Also in subsection (b)(4)(ii) of this section, the
former, specific reference to final adoption "in
accordance with procedures specified in Article 41, §
256-I" is deleted for brevity.

Subsection (b)(5) of this section is revised to
clarify that the Committee has the authority to
rescind the approval.

In subsection (b)(5) of this section, the former
clause "after it has been granted" is deleted as
surplusage.

Before July 1, 1983, unless emergency adoption of a
proposed regulation was authorized, a unit could not
adopt a proposed regulation until 45 days after the
later to occur of 2 separate actions -- i.e.,
submission of the proposed regulation to the Committee
and publication of the proposed regulation in the
Register. However, Ch. 173, Acts of 1983, shifted the
responsibility of submitting the regulation from the
unit to the Administrator and stated that publication
constitutes submission. Thus, the 2 separate 45-day
periods merged and are identical. To reflect Ch. 173,
former Art. 40, § 40A(f)(l), which required submission
"[a]t least 45 days prior to the adoption", is
deleted. In light of this deletion of the former,
specific reference to submission, former Art. 40, §

 

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Session Laws, 1984
Volume 759, Page 1284   View pdf image
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