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Session Laws, 1973, Special Session
Volume 710, Page 1416   View pdf image
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1416                                        LAWS OF MARYLAND                            [Ch. 5

Governor—Executive and Administrative Departments, of
the Annotated Code of Maryland (1971 Replacement
Volume), as amended by Chapter 1 of the Acts of 1973,
be and it is hereby repealed and re-enacted, with
amendments, to read as follows:

Article 41 - Governor—Executive and Administrative

Departments

245.

In addition to other rule-making requirements
imposed by law:

(a)    Each agency shall adopt rules governing the
formal and informal procedures prescribed or
authorized by this subtitle. 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 publish or otherwise circulate
notice of its intended action, and afford interested
persons opportunity to submit data or views orally or
in writing. [No agency shall adopt or amend any rule
or administrative act which increases the agency's
expenditures beyond budgetary limitations without the
express approval of the General Assembly or its
designee.] AN AGENCY MAY NOT ADOPT OR AMEND ANY RULE
OR ADMINISTRATIVE ACT WHICH INCREASES THE AGENCY'S
EXPENDITURES BEYOND BUDGETARY LIMITATIONS WITHOUT THE
EXPRESS APPROVAL OF THE GENERAL ASSEMBLY; OR IF THE
GENERAL ASSEMBLY IS NOT THEN IN SESSION, WITHOUT THE
EXPRESS APPROVAL IN WRITING OF THE PRESIDENT OF THE
SENATE AND THE SPEAKER OF THE HOUSE OF DELEGATES,
ACTING JOINTLY AND AFTER CONSULTING WITH AND RECEIVING
THE ADVICE IN WRITING OF THE [[APPROPRIATE COMMITTEES
OF THE TWO HOUSES, RESPECTIVELY]] JOINT BUDGET AND
AUDIT COMMITTEE. APPROVAL BY THE GENERAL ASSEMBLY OR
ITS PRESIDING OFFICERS, AS ABOVE PROVIDED IN THIS
SECTION, IS NOT REQUIRED IF THE GOVERNOR BY
PROCLAMATION DECLARES THAT THE PULE OR ADMINISTRATIVE
ACT TO INCREASE AN AGENCY'S EXPENDITURES BEYOND
BUDGETARY LIMITATIONS IS NECESSARY AND A MATTER OF

 

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Session Laws, 1973, Special Session
Volume 710, Page 1416   View pdf image
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