HARRY HUGHES, Governor

2151

therefore, unnecessary.

In subsection (b)(2) of this section, "or" is
substituted for "and." in both instances where
"and" appeared in former Article 43, § 678(e).
The list of activities in which the Secretary may
engage is disjunctive, not conjunctive.
Likewise, the scope of each activity is
disjunctive, not conjunctive.

8-105. EMERGENCY ACTION.

(A)  ACTION BY SECRETARY.

WHENEVER THE SECRETARY FINDS THAT AN EMERGENCY EXISTS,
THE SECRETARY MAY ISSUE AN ORDER:

(1)  STATING THAT THE EMERGENCY EXISTS; AND

(2)  REQUIRING ANY ACTION THAT THE SECRETARY
FINDS NECESSARY TO MEET THE EMERGENCY; AND EMERGENCY

(B)  EFFECTIVE DATE OF ORDER.

EVERY ORDER ISSUED UNDER THIS SECTION IS EFFECTIVE
IMMEDIATELY.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 680.

As to additional powers of the Secretary to
impound radiation sources in an emergency, see §
8-302 of this title.

8-106. POWER OF SECRETARY TO ADOPT RULES AND REGULATIONS.

(A)  IN GENERAL.

EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE
SECRETARY MAY ADOPT RULES AND REGULATIONS FOR CONTROL OF
SOURCES OF RADIATION.

(B)  COMPLIANCE WITH ADMINISTRATIVE PROCEDURE ACT.

THE SECRETARY MAY NOT ADOPT ANY RULE OR REGULATION FOR
CONTROL OF A SOURCE OF RADIATION UNLESS THE REQUIREMENTS OF
THIS SECTION AND THE ADMINISTRATIVE PROCEDURE ACT ARE MET.

(C)  CONFORMITY TO FEDERAL STANDARDS.

THE SECRETARY MAY NOT ADOPT ANY RULE OR REGULATION
UNLESS THE RULE OR REGULATION CONFORMS TO THE RELEVANT
STANDARDS SET BY: