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Ch. 13
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32
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LAWS OF MARYLAND
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REVISOR'S NOTE: This subsection presently appears as
Art. 41, §208(1).
The only changes are in style.
As to use of the term "unit", see revisor's
note to §2—102 of this subtitle.
(B) RULES AND REGULATIONS.
EXCEPT WITH RESPECT TO THE MARYLAND TRANSPORTATION
AUTHORITY, THE SECRETARY:
(1) MAY ADOPT RULES AND REGULATIONS FOR THE
DEPARTMENT AND ANY OF ITS UNITS TO CARRY OUT THOSE
PROVISIONS OF THIS ARTICLE THAT ARE SUBJECT TO THE
JURISDICTION OF THE DEPARTMENT; AND
(2) SHALL REVIEW AND MAY APPROVE, DISAPPROVE,
OR REVISE THE RULES AND REGULATIONS OF EACH UNIT IN THE
DEPARTMENT.
REVISOR'S NOTE: This subsection is new language
derived without substantive change from Art.
41, §208(b).
New language is added to indicate explicitly
that the Secretary may adopt rules and
regulations to implement those provisions of
this article that are within the Department's
jurisdiction. This eliminates the necessity
for including analogous provisions in each
subtitle. The addition is nonsubstantive in
light of Art. 41, §3B, which contains a
related provision that states: "The secretary
of each principal department created by law
shall have full authority and responsibility
for the promulgation of all rules and
regulations for all departments and other
instrumentalities within his jurisdiction,
except as otherwise provided by law".
In this section and throughout this article,
for consistency and to avoid unnecessary
confusion, the singular verb "adopt" is used
in relation to rules and regulations and verbs
such as "prescribe" and "promulgate" are
omitted. Since these rules and regulations,
in any event, are subject to the
Administrative Procedure Act (Art. 41, §§ 244
et seq.) and the State Documents Law (Art. 41,
§§ 256B et seq.)—-including their publication
and notice requirements—-no substantive change
results from this usage.
As to use of the term "unit", see revisor's
note to §2—102 of this subtitle.
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