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Session Laws, 1984
Volume 759, Page 1293   View pdf image
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HARRY HUGHES, Governor

1293

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 41, §
256A.

The phrase "is entitled, to the same extent as other
legal entities, to be" is substituted for the former
language "have the status", to reflect that a
political subdivision or instrumentality is not,
e.g., a party by operation of law but must have
standing and elect to be a party. This substitution
is based on Montgomery County v. One Park North
Associates, 275 Md. 193 (1975).

Defined terms: "Includes";"including" § 1-101
"Person" § 1-101

10-122. PROCEDURAL REGULATIONS.

(A) REQUIRED.

EACH UNIT SHALL ADOPT REGULATIONS TO GOVERN PROCEDURES UNDER
THIS PART IV OF THIS SUBTITLE, INCLUDING THE RELATED FORMS THAT
THE UNIT REQUIRES AND THE INSTRUCTIONS FOR COMPLETING THE FORMS.

(B) DESCRIPTIVE STATEMENT.

TO HELP PERSONS DEAL WITH THE UNIT, THE UNIT SHALL
SUPPLEMENT, SO FAR AS PRACTICABLE, THE REGULATIONS UNDER THIS
SECTION WITH A DESCRIPTION OF THE PROCEDURES OF THE UNIT.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 41, §
245(b) and the first sentence and the last phrase of
the first clause of the second sentence of (a).

In subsection (a) of this section, the word "related"
and the clause "that the unit requires" are added to
modify the reference to "forms", to clarify the scope
of the requirement as to inclusion of forms in the
regulations. Similarly, the phrase "for completing
the forms" is added to modify the reference to
"instructions".

Also in subsection (a) of this section, the specific
reference, in former Art. 41, § 245(a), to "rules of
practice" is omitted, since the former reference was
unnecessary with respect to the other sections to
which this section applies. But, cf. § 10-204 of this
title, which also is derived from former Art. 41, §
245.

Also in subsection (a) of this section, the former
language "[i]n addition to other rule-making
requirements imposed by law" is deleted as surplusage.

 

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Session Laws, 1984
Volume 759, Page 1293   View pdf image
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