HARRY HUGHES, Governor                                         1297

The introductory phrase of subsection (d) of this
section, "[s]ubject to § 10-128 of this subtitle," is
added to reflect the revision of former Art. 41, §
249(c) as a separate section.

In subsection (d) of this section, the reference to a
duty to declare a "provision" of a regulation invalid
is substituted for the former duty to declare "the
rule" invalid, to conform to § 10-128 of this
subtitle.

In subsection (d)(3) of this section, the reference to
"requirements for adoption of the provision" is
substituted for the former reference "rule-making
procedures", for clarity.

Defined terms: "County" § 1-101
"Person" § 1-101 "Regulation" § 10-101
"Unit" § 10-101

10-126.      RESERVED.

10-127.     RESERVED.

PART V.      INVALID PROVISIONS.

10-128.      SEVERABILITY.

(A)   IN GENERAL.

UNLESS A REGULATION EXPRESSLY STATES OTHERWISE, ITS
PROVISIONS ARE SEVERABLE.

(B)  FINDING OF COURT.

THE FINDING OF A COURT THAT A PROVISION OF A REGULATION IS
INVALID INVALIDATES ONLY ANY OTHER PROVISION OF THE REGULATION
THAT THE COURT FINDS THEN IS SO INCOMPLETE THAT IT CANNOT BE
CARRIED OUT IN ACCORDANCE WITH THE PURPOSE OF THE REGULATION.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 41, §
249(c).

It is set forth as a separate section since its
provisions seemed to apply to the regulations of all
units -- including those that otherwise would be
excluded under § 10-120 of this subtitle -- and seemed
to apply whether or not the finding of invalidity ' is
made under § 10-125 of this subtitle.

In subsection (b) of this section, the word "invalid"
is substituted for the former phrase "void or
unenforceable", for consistency.