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Session Laws, 1975
Volume 716, Page 525   View pdf image
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MARVIN MANDEL, Governor

525

AVAILABLE TO THE PUBLIC.

REVISOR'S NOTE: This section presently appears as
Art. 83, §20E.

In this section, the term "rules, regulations,
and standards" has been substituted for the
present, somewhat inconsistent, use of "rules
and regulations" and, simply, "rule." This
substitution conforms to the language of Art.
83, §20C (5) - now § 13-204(12).

In subsection (a) of this section, the phrase
"unfair or deceptive trade practices" is
substituted for "unfair, deceptive, or
unconscionable trade practices" to conform to
the general usage in this title. In this
regard, see revisor's note to §13-104.

Subsections (b) and (e) of this section, which
were enacted by Ch. 609, Acts of 1974, have
been revised to refer to and conform with the
State Documents Law, Art. 41, §§ 256B et seq.,
which was enacted in the same session of the
General Assembly by Ch. 600, Acts of 1974.
The present requirement of filing notices with
the State Department of Legislative Reference
is deleted as unnecessary in light of that
Act. The Commission notes that under Art. 41,
§256Q, publication in the Maryland Register
"constitutes full compliance with law,
notwithstanding any inconsistent provisions of
the Code." Consequently, the provisions of
subsection (b) of this section are directory
only and do not speak to the validity of any
hearing. However, in conformity with the
obvious legislative intent that there be full
public dissemination of notices and of rules,
regulations and standards, the Commission
concluded that retention of this supplemental
notice requirement would be generally useful
and appropriate.

Present Art. 83, §22B — which was enacted by
Ch. 596, Acts of 1974, to grant rule-making
power under this title to the Attorney General
- is proposed for repeal as unnecessary in
light of and as inconsistent with Ch. 609,
Acts of 1974, which enacted present §20E, from
which §13—205 is derived. In this regard, see
Elgin v. Greyhound Lines. 192 Md. 303 (1949),
which held that where two or more acts of the
same Session of the General Assembly are
inconsistent, the later act in numerical order

 

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Session Laws, 1975
Volume 716, Page 525   View pdf image
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