2100

LAWS OF MARYLAND

Ch. 240

THE SECRETARY SHALL GIVE NOTICE AND HOLD THE HEARING IN
ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT.

REVISOR'S NOTE: This section is new language
substituted for former Article 43, § 811(b) and
the last clause of § 810(d).

In subsection (a) of this section, the former
phrase "for purposes of this subtitle", which
modified "banned hazardous substance", is deleted
as unnecessary.

The references in this section to the
Administrative Procedure Act are new language
added for clarity.

7-105. JUDICIAL REVIEW.

(A)  RULE OR REGULATION.

ANY PERSON WHO MAY BE AFFECTED ADVERSELY BY A RULE OR
REGULATION ADOPTED BY THE SECRETARY UNDER THIS SUBTITLE MAY
TAKE AN APPEAL IN THE MANNER PROVIDED FOR JUDICIAL REVIEW OF
FINAL DECISIONS IN CONTESTED CASES IN THE ADMINISTRATIVE
PROCEDURE ACT.

(B)  TIME FOR FILING PETITION.

A PERSON WHO SEEKS JUDICIAL REVIEW UNDER THIS SECTION
SHALL FILE A PETITION WITH THE COURT WITHIN 60 DAYS AFTER
PUBLICATION OF THE RULE OR REGULATION.

(C)  DUTIES OF CLERK OF COURT AND SECRETARY.

IF A PETITION FOR JUDICIAL REVIEW OF A RULE OR
REGULATION IS FILED UNDER THIS SECTION:

(1)  THE CLERK OF THE COURT SHALL SEND TO THE
SECRETARY A COPY OF THE PETITION; AND

(2)  ON RECEIPT OF THE COPY OF THE PETITION, THE
SECRETARY SHALL FILE WITH THE COURT THE RECORD OF THE
PROCEEDINGS THAT RELATE TO THE RULE OR REGULATION THAT IS
THE SUBJECT OF THE JUDICIAL REVIEW.

REVISOR'S NOTE: This section is new language
substituted for former Article 43, §§ 810(e) and
811(c).

7-106. RIGHT OF ENTRY, INSPECTION, AND SAMPLES.

(A) ENTRY FOR PURPOSE OF INSPECTION.

TO ENFORCE THIS SUBTITLE, THE SECRETARY OR A