Theodore R. McKeldin, Governor 125
ernor—Executive and Administrative Departments", said new
sections to follow immediately after Section 214 thereof and to be
under the new sub-title "24. Administrative Procedure Act", es-
tablishing the procedure for State administrative agencies (as de-
fined therein), providing for review of their determinations and
relating generally to such State administrative agencies and their
procedure.
Section 1. Be it enacted by the General Assembly of Maryland,
That new Sections 215 through 227, inclusive, be and they are hereby
added to Article 41 of the Annotated Code of Maryland (1951 Edi-
tion), title "Governor—Executive and Administrative Departments",
said new sections to follow immediately after Section 214 thereof and
to be under the new sub-title "24. Administrative Procedure Act",
and to read as follows:
ADMINISTRATIVE PROCEDURE ACT
215. Definitions. For the purpose of this sub-title:
(a) "Agency" means any State board, commission, department or
officer authorized by law to make rules or to adjudicate contested
cases, except those in the legislative or judicial branches, and except
the Department of Parole and Probation, the State Industrial Ac-
cident Commission, the Public Service Commission, and the State
Tax Commission.
(b) "Rule" includes every regulation, standard, or statement of
policy or interpretation of general application and future effect, in-
cluding the amendment or repeal thereof, adopted by an agency,
whether with or without prior hearing, to implement or make specific
the law enforced or administered by it or to govern its organization
or procedure, but does not include regulations concerning only the
internal management of the agency and not directly affecting the
rights of or procedures available to the public.
(c) "Contested case" means a proceeding before an agency in
which the legal rights, duties, or privileges of specific parties are
required by law or Constitutional right to be determined after an
agency hearing.
216. Adoption of Rules. In addition to other rule-making re-
quirements imposed by law:
(a) Each agency shall adopt rules governing the formal and in-
formal procedures prescribed or authorized by this sub-title. Such
rules shall include rules of practice before the agency together with
forms and instructions; provided, however, that such rules shall not
be construed or implemented so as to interfere with the right of any
lawyer to practice before any agency, or so as to grant the right to
practice law to anyone not authorized so to do.
(b) To assist interested persons dealing with it, each agency shall
so far as is deemed practicable supplement its rules with descriptive
statements of its procedures.
(c) Prior to the adoption of any rule authorized by law, or the
amendment or repeal thereof, the adopting agency shall as far as
practicable, publish or otherwise circulate notice of its intended
action, and afford interested persons opportunity to submit data or
views orally or in writing.
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