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Session Laws, 1978
Volume 736, Page 2588   View pdf image
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2588

LAWS OF MARYLAND

Chi 884

unnecessary.] GOVERNOR. "AGENCY" ALSO INCLUDES ANY AGENCY
CREATED BY GENERAL LAW, WHICH OPERATES IN TWO OR MORE
POLITICAL SUBDIVISIONS, EXCEPT THE MARYLAND-NATIONAL CAPITAL
PARK AND PLANNING COMMISSION.

(b) "Rule" includes every regulation, standard,
GUIDELINE, or statement of policy or interpretation of
general application and future effect, including 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, OR THE PRACTICE BEFORE SUCH
AGENCY, 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,
RESPONSES TO PETITIONS FOR ADOPTION OF RULES ISSUED PURSUANT
TO SECTION 248 OF THIS ARTICLE, OR DECLARATORY RULINGS
ISSUED PURSUANT TO SECTION 250 OF THIS ARTICLE.

(c) "Contested case" means a proceeding before an

agency, EXCEPT THE WORKMEN'S COMPENSATION COMMISSION, THE

PUBLIC SERVICE COMMISSION, THE STATE TAX COMMISSION, THE

INMATE GRIEVANCE COMMISSION AND THE MARYLAND PAROLE

COMMISSION in which the legal rights, duties, STATUTORY
ENTITLEMENTS, or privileges of specific parties are required
by law or constitutional right to be determined after an
agency hearing.

(D)    "LICENSE" INCLUDES THE WHOLE OR PART OF ANY
AGENCY PERMIT, CERTIFICATE, APPROVAL, REGISTRATION, CHARTER,
OR SIMILAR FORM OF PERMISSION REQUIRED BY LAW, BUT IT DOES
NOT INCLUDE A LICENSE REQUIRED SOLELY FOR REVENUE PURPOSES.

(E)    "LICENSING" INCLUDES THE AGENCY PROCESS
RESPECTING THE GRANT, DENIAL, RENEWAL, REVOCATION,
SUSPENSION, ANNULMENT, WITHDRAWAL, OR AMENDMENT OF A
LICENSE.

245.

(c) Except for emergency regulations adopted pursuant
to Article 40, § 40A, prior to the adoption of any rule
authorized by law, or its amendment or repeal, the adopting
agency shall publish notice of its intended action in the
Maryland Register, and afford interested persons opportunity
to submit data or views orally or in writing. 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 joint budget and audit committee.

Approval by the General Assembly or its presiding officers,

as provided in this section, is not required if the Governor
by proclamation declares that the rule or administrative act
to increase an agency's expenditures beyond budgetary

 

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Session Laws, 1978
Volume 736, Page 2588   View pdf image
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