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Session Laws, 1980
Volume 739, Page 2938   View pdf image
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2938                                     LAWS OF MARYLAND                                   Ch. 834

COMMISSIONER SHALL PREPARE AN ECONOMIC IMPACT STATEMENT.
THE STATEMENT SHALL INCLUDE THE DIRECT AND INDIRECT EFFECTS
OF THE REGULATION ON THE RAILROAD INDUSTRY, THE PUBLIC, AND
RAILROAD EMPLOYEES. THE STATEMENT SHALL SET FORTH ANY
ALTERNATIVE APPROACH AVAILABLE, AND THE LEAST BURDENSOME OF
THE ACCEPTABLE ALTERNATIVES MUST BE ADOPTED.

(B)  IF ANY RULE, REGULATION, STANDARD, MODIFICATION,
AMENDMENT, OR REVOCATION THEREOF TO BE ADOPTED AND ISSUED,

IS IDENTIFIED WITH ANY RULE, REGULATION, OR STANDARD

PROMULGATED BY ANY OTHER DEPARTMENT, BOARD, OR PUBLIC AGENCY
OF THIS STATE, OR IDENTICAL WITH ANY NATIONAL CONSENSUS
STANDARD OR ESTABLISHED FEDERAL STANDARD, THE COMMISSIONER
MAY ADOPT BY INCORPORATION THROUGH REFERENCE ANY PERSON,
POLITICAL SUBDIVISION, OR RAILROAD COMPANY MAY PETITION THE
COMMISSIONER FOR ADOPTION AND ISSUANCE OF A RULE, REGULATION
OR STANDARD, OR MODIFICATION, AMENDMENT, OR REVOCATION
THEREOF.

(C)  THE COMMISSIONER:

(1)  SHALL COMPILE AND KEEP ON FILE IN HIS OFFICE
AS A PUBLIC RECORD, A SET OF RULES, REGULATIONS, AND
STANDARDS WHICH ARE IN EFFECT;

(2)  SHALL PREPARE COPIES OF THE RULES,
REGULATIONS AND STANDARDS WHICH SHALL BE AVAILABLE TO EVERY
INTERESTED PERSON UPON REQUEST; AND

(3)  MAY FIX A PRICE COVERING THE COMPILATION
WHICH SHALL COVER THE COST OF PREPARATION AND MAILING.

(D)  RULES, REGULATIONS, STANDARDS, MODIFICATIONS,
AMENDMENTS, OR REVOCATIONS THEREOF ISSUED BY THE
COMMISSIONER UNDER THIS SUBTITLE SHALL BE EFFECTIVE AS
PROVIDED IN ARTICLE 41, SECTION 256-0 AND SHALL HAVE THE
FORCE AND EFFECT OF LAW. THE COMMISSIONER MAY DELAY THEIR
EFFECTIVE DATE FOR NOT MORE THAN 90 DAYS TO INSURE THAT
AFFECTED RAILROAD COMPANIES ARE GIVEN THE OPPORTUNITY TO
FAMILIARIZE THEMSELVES, THEIR AGENTS, AND EMPLOYEES WITH THE
EXISTENCE OF THE REQUIREMENTS OF THESE RULES, REGULATIONS,
AND STANDARDS.

(E)  NOTWITHSTANDING ANY OTHER PROVISION OF THIS
SECTION, THE COMMISSIONER MAY PROMULGATE AN EMERGENCY
TEMPORARY STANDARD OR REGULATION TO TAKE IMMEDIATE EFFECT
UPON THE DAY OF ISSUANCE AND PUBLICATION, IF IT IS
DETERMINED THAT PERSONS ARE EXPOSED TO GRAVE DANGERS LIKELY
TO CAUSE DEATH OR SERIOUS BODILY HARM FROM EXPOSURE TO
CONDITIONS OR AGENTS DETERMINED TO BE TOXIC OR PHYSICALLY
HARMFUL, AND THAT THE EMERGENCY TEMPORARY STANDARD IS
NECESSARY TO PROTECT THE PUBLIC AND EMPLOYEES FROM SUCH
DANGER. THE EMERGENCY STANDARD OR REGULATION SHALL BE
EFFECTIVE:

(1) FOR A PERIOD NOT TO EXCEED 6 MONTHS AS THE
COMMISSIONER DETERMINES; OR

 

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Session Laws, 1980
Volume 739, Page 2938   View pdf image
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