1006

LAWS OF MARYLAND

Ch. 284

Art. 40, § 40A(f) and (g), which required submission
of a proposed regulation to the Committee. Similarly,
in subsection (c) of this section, reference to a
"proposed or adopted regulation" is substituted for
the former language "submitted to the committee under
any provision of this section ... or of the State
Documents Law". Although the former reference to
submission could be read to limit former Art. 40, §
40A(h) to proposed regulations, it seemed unlikely
that the General Assembly intended for inaction as to
an adopted regulation to be used as an indication of
the elements set forth in subsection (c)(1) through
(3) of this section. This substitution also conforms
to the deletions of the specific references to
submission of proposed regulations in § 10-lll(a) of
this article.

Also in subsection (a)(1) of this section, the former
reference to "rules" is deleted to conform to Title
10, Subtitle 1 of this article. Similarly, in
subsection (b)(2)(ii)2. of this section, the former
words "rule" and "standard" are deleted.

In subsections (a)(3) and (b)(2)(ii)l. of this
section, the words "statutory" and "constitutional",
which formerly modified the references to the "laws",
are deleted since there seemed to be no intent to
exclude common law.

In subsection (a)(3) of this section, the word
"actual", which formerly modified "failure", is
deleted since, until after the inquiry, the failure is
encompassed within the phrase "alleged failure".

In subsection (a)(4) of this section, the former word
"controls" is deleted as unnecessary in light of the
broad reference to "operations".

In subsection (b)(2)(ii)2. of this section, reference
to a regulation "of a unit of the Executive Branch" is
substituted for the former reference to a regulation
"which the committee has considered", to conform to
subsection (a)(1) of this section.

The second clause of former Art. 40, § 40A(c)(3),
which provided for recommendations on units in the
Executive Branch of the State government, is deleted
as unnecessary in light of subsection (b)(2)(ii)l. of
this section.

As to the use of the word "unit", see the General
Revisor's Note to this article.

Defined terms: "Committee" § 2-501
"Includes";"including" § 1-101