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HARRY HUGHES, Governor
4097
Proposed regulations must be published in the Maryland Register
and submitted to the AELR Committee at least 45 days prior to
their final adoption. During the 45-day period, the AELR
Committee may hold hearings, contact the agency, or otherwise
review proposed regulations.
In addition, I have issued a directive instructing all
department heads to cooperate with the AELR Committee when
adopting proposed regulations. I believe this process provides
adequate time for review and other protections to prevent unwise
or improper regulations while maintaining the proper
constitutional balance between the Legislative and Executive
Branches.
For these reasons, I have vetoed House Bill 1255.
Sincerely,
Harry Hughes
Governor
May 24, 1984
Honorable Harry Hughes
Governor of Maryland
State House
Annapolis, MD 21401-1991
Re: House Bill 1255
Dear Governor Hughes:
We have reviewed for constitutionality House Bill 1255, a
bill which would expand existing authority of the Joint Committee
on Administrative, Executive and Legislative Review ("AELR
Committee") for legislative review of executive agency rule
making activity. As passed by the General Assembly, the bill
would permit the AELR Committee to suspend the adoption of
regulations after notice to the appropriate standing committee of
the General Assembly, the President of the Senate, the Speaker of
the House of Delegates, and the administrative unit proposing the
regulation. The AELR Committee may suspend the adoption of the
regulation if the Committee makes certain findings. In addition,
the bill authorizes the AELR Committee to delay the adoption of a
regulation or any portion of it for an additional 45-day period.
We are unable to approve the bill as it is our view that a
nonseverable provision of it violates the separation of powers
provision of Article 8 of the Declaration of Rights.
In our recent letter of advice of counsel to the Honorable
Catherine I. Riley and the Honorable John S. Arnick, dated
February 9, 1984, we summarized and ratified prior advice of this
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