1322

LAWS OF MARYLAND

Ch. 284

SUBTITLE 3. ADMINISTRATIVE PROCEDURE ACT -- DECLARATORY RULINGS.

10-301. "UNIT" DEFINED.

IN THIS SUBTITLE, "UNIT" MEANS AN OFFICER OR UNIT THAT IS
AUTHORIZED BY LAW TO:

(1)  ADOPT REGULATIONS SUBJECT TO SUBTITLE 1 OF THIS
TITLE; OR

(2)  ADJUDICATE CONTESTED CASES SUBJECT TO SUBTITLE 2
OF THIS TITLE.

REVISOR'S NOTE: This section is new language derived
without substantive change from the introductory
language of former Art. 41, § 244 and the first clause
of the first sentence of (a).

In items (1) and (2) of this section, respectively,
the references "subject to Subtitle 1 of this title"
and "under Subtitle 2 of this title" are added to
reflect that, because of the revision of parts of
former Art. 41, §§ 244 through 256A in Subtitles 1
through 4 of this title, the former definitions of
"rule" -- now revised as "regulation" in § 10-101 of
this title -- and "contested case" no longer appear
with this section. In light of these additions, it is
unnecessary to revise, in this subtitle, the third
sentence of former Art. 41, § 244(a), which included
multicounty units as an "agency", or the former
exception for officers or units "in the legislative or
judicial branches". Cf. § 10-302 of this subtitle,
which would be unnecessary as to units authorized to
adjudicate contested cases, but is necessary as to
units authorized to adopt regulations, since the units
excluded under § 10-302 of this subtitle are subject
to parts of Subtitle 1 of this title.

10-302. SCOPE OF SUBTITLE.

(A) GENERAL EXCLUSIONS.

THIS SUBTITLE DOES NOT APPLY TO:

(1)  THE GOVERNOR;

(2)  THE DEPARTMENT OF ASSESSMENTS AND TAXATION;

(3)  THE BOARD OF APPEALS OF THE DEPARTMENT OF
EMPLOYMENT AND TRAINING;

(4)  THE INSURANCE DIVISION OF THE DEPARTMENT OF
LICENSING AND REGULATION;

(5)  THE STATE ACCIDENT FUND OF THE DEPARTMENT OF
PERSONNEL;