HARRY HUGHES, Governor

3669

(1) EXCEEDS THE STATUTORY AUTHORITY OF THE

PROMULGATING UNIT;

(2) FAILS TO COMPLY WITH THE LEGISLATIVE INTENT OF
THE STATUTE UNDER WHICH THE REGULATION WAS PROMULGATED; OR

(3) IS UNREASONABLE OR UNNECESSARILY BURDENSOME.

(B) IN ITS REVIEW OF A PROPOSED REGULATION PURSUANT TO THIS
SECTION, THE FACTORS THE COMMITTEE SHALL CONSIDER SHALL INCLUDE
WHETHER THE REGULATION:

(1) IS IN CONFORMITY WITH THE STATUTORY AUTHORITY OF
THE PROMULGATING UNIT; AND

(2) REASONABLY COMPLIES WITH THE LEGISLATIVE INTENT
OF THE STATUTE UNDER WHICH THE REGULATION WAS PROMULGATED.

(C)  (1) WITHIN 5 WORKING DAYS AFTER THE COMMITTEE VOTES TO
OPPOSE THE ADOPTION OF A PROPOSED REGULATION, IT SHALL PROVIDE
WRITTEN NOTICE TO THE GOVERNOR AND THE PROMULGATING UNIT OF ITS
ACTION.

(2)  UPON RECEIPT OF SUCH NOTICE, AND WITH WRITTEN
NOTICE TO THE COMMITTEE AND AS OTHERWISE REQUIRED BY LAW, THE
PROMULGATING UNIT MAY:

(I)  WITHDRAW THE REGULATION;

(II)  MODIFY THE REGULATION, BUT ONLY IN
ACCORDANCE WITH § 10-113 OF THIS SUBTITLE; OR

(III)  SUBMIT THE REGULATION TO THE GOVERNOR
WITH A STATEMENT OF THE JUSTIFICATION FOR THE UNIT'S REFUSAL TO
WITHDRAW OR MODIFY THE REGULATION.

(3)  FOLLOWING THE RECEIPT OF NOTICE UNDER PARAGRAPH
(2)(III) ABOVE, THE GOVERNOR SHALL MAY CONSULT WITH THE COMMITTEE
AND THE UNIT IN AN EFFORT TO RESOLVE THE CONFLICT . AND, AFTER
30 DAYS HAVE ELAPSED FOLLOWING HIS RECEIPT OF THAT NOTICE AND
AFTER WRITTEN NOTICE HAS BEEN PROVIDED TO THE PRESIDING OFFICERS
AND TO THE COMMITTEE, THE GOVERNOR MAY:

(I)  INSTRUCT THE UNIT TO WITHDRAW THE
REGULATION;

(II)  INSTRUCT THE UNIT TO MODIFY THE
REGULATION, BUT ONLY IN ACCORDANCE WITH § 10-113 OF THIS
SUBTITLE; OR

(III)  APPROVE THE ADOPTION OF THE REGULATION.

(D) FOLLOWING THE RECEIPT OF NOTICE OF THE APPROVAL OF A
PROPOSED REGULATION PURSUANT TO SUBSECTION (C) OF THIS SECTION,