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Session Laws, 1971
Volume 707, Page 2214   View pdf image
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2214                                County Local Laws

include regulations concerning only the internal management of the agency
and not directly affecting the rights of or procedures available to the
public.

(d)    "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.

(e)    "Order" means the whole or any part of the final disposition,
whether affirmative, negative, injunctive or declaratory in form, of any
agency in any matter other than rule making but including licensing.

(f)    "Adjudication" means agency process for the formulation of an
order.

(g)    "Agency Proceeding" means any agency process as defined in
this subtitle.

(h) "Agency Action" includes the whole or part of every agency,
rule, order, license, sanction, relief or the equivalent or denial thereof, or
failure to act.

22.202—Adoption of Rules

In addition to other rule making requirements imposed by law:

(a)    Each agency shall adopt rules governing the formal and in-
formal procedures prescribed or authorized by this subtitle or by other
requirement of law. Such rules shall include the 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. No person shall
in any manner be required to resort to organization or procedure not so
published in the agency's rules.

(b)    Prior to the adoption of any rule authorized by law, or the
amendment or repeal thereof, the adopting agency shall publish or other-
wise circulate notice of its intended action, and afford interested persons
opportunity to submit data or views orally or in writing.

(c)    Each agency shall file with the secretary of the County Council
certified copies, of all rules now in effect or adopted or amended by it.
The secretary to the County Council shall keep a permanent register of
such rules open to public inspection. Each rule hereafter adopted shall
become effective upon filing, unless a later date is required by statute or
specified in the rule.

(d)    Any interested person may petition an agency requesting the
promulgation, amendment or repeal of any rule. Each agency shall pre-
scribe by rule the form for such petitions and the procedure for their
submission, consideration and disposition.

(e)    The validity of any rule may be determined upon petition for a
declaratory judgment thereon addressed to the Circuit Court of Howard
County when it appears that the rule, or its threatened application, inter-
feres with or impairs, or threatens to interfere with or impair, the legal
rights or privileges of the petitioner. The agency shall be made a party to
the proceeding. The declaratory judgment may be rendered whether or
not the petitioner has first requested the agency to pass upon the validity
of the rule in question. The Court shall declare the rule invalid if it finds

 

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Session Laws, 1971
Volume 707, Page 2214   View pdf image
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