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Session Laws, 1982
Volume 742, Page 1897   View pdf image
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HARRY HUGHES, Governor

1897

(B) COMPLIANCE WITH THE ADMINISTRATIVE PROCEDURE ACT.

EXCEPT FOR A STATE ADOPTED FEDERAL RULE OR REGULATION,
THE SECRETARY MAY NOT ADOPT ANY RULE OR REGULATION UNDER
THIS SUBTITLE UNLESS THE REQUIREMENTS OF THIS SUBTITLE AND
THE ADMINISTRATIVE PROCEDURE ACT ARE MET.

REVISOR'S NOTE: This section is new language derived
without substantive change from the first
sentence of former Article 43, § 191B(a) and the
second sentence of (f) and the first clause of
the first sentence of § 194, as that clause
applied to the adoption and publication of rules
and regulations.

4-235. CONFORMANCE OF STATE RULES AND REGULATIONS; FEDERAL
RULES AND REGULATIONS.

(A)  CONFORMANCE TO FEDERAL ACT.

SO FAR AS PRACTICABLE, THE SECRETARY MAY CONFORM ANY
RULE OR REGULATION ADOPTED UNDER THIS SUBTITLE TO THE RULES
AND REGULATIONS ADOPTED UNDER THE FEDERAL ACT.

(B)  CONFORMANCE TO RULES AND REGULATIONS OF UNITED
STATES DEPARTMENT OF AGRICULTURE.

THE SECRETARY MAY ADOPT FOR PURPOSES OF THIS SUBTITLE
ANY RULE OR REGULATION ADOPTED BY THE UNITED STATES
DEPARTMENT OF AGRICULTURE.

REVISOR'S NOTE: This section is new language derived
without substantive change from the second
sentence of former Article 43, § 191B(a) and the
second clause of the first sentence of § 194.

4-236. APPLICATION OF ADMINISTRATIVE PROCEDURE ACT TO
HEARING.

THE SECRETARY SHALL GIVE NOTICE OF AND HOLD ANY HEARING
AUTHORIZED OR REQUIRED BY THIS SUBTITLE IN ACCORDANCE WITH
THE ADMINISTRATIVE PROCEDURE ACT.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 191B(b).

The reference to the Administrative Procedure Act
is new language added to demonstrate the intended
application of the Administrative Procedure Act,
Article 41, § 244 et seq. of the Code, to
administrative hearings that are conducted under
this subtitle.

 

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Session Laws, 1982
Volume 742, Page 1897   View pdf image
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