WILLIAM DONALD SCHAEFER, Governor

Ch. 59

10-225. SUSPENSION OF PROVISIONS.

(A)     UPON A FINDING BY THE GOVERNOR THAT THERE IS AN IMMINENT
THREAT WITHIN A TIME CERTAIN OF A LOSS OR DENIAL OF FEDERAL FUNDS TO THE
STATE BECAUSE OF THE OPERATION OF ANY SECTION OF THIS SUBTITLE, THE
GOVERNOR BY EXECUTIVE ORDER MAY SUSPEND THE APPLICABILITY OF PART OR
ALL OF THIS SUBTITLE TO A SPECIFIC CLASS OF CONTESTED CASES.

(B)     A SUSPENSION UNDER THIS SECTION IS EFFECTIVE ONLY SO LONG AS,
AND TO THE EXTENT, NECESSARY TO AVOID A DENIAL OR LOSS OF FEDERAL FUNDS
TO THE STATE.

(C)      THE EXECUTIVE ORDER SHALL EXPLAIN THE BASIS FOR THE
GOVERNOR'S FINDING AND STATE THE PERIOD OF TIME DURING WHICH THE
SUSPENSION IS TO BE EFFECTIVE.

(D)     THE GOVERNOR SHALL DECLARE THE TERMINATION OF A SUSPENSION
WHEN IT IS NO LONGER NECESSARY TO PREVENT THE LOSS OR DENIAL OF FEDERAL
FUNDS.

(E)      AN EXECUTIVE ORDER ISSUED UNDER THIS SECTION SHALL BE:

(1)      PRESENTED TO THE LEGISLATIVE POLICY COMMITTEE; AND

(2)      PUBLISHED IN THE MARYLAND REGISTER PURSUANT TO §
7-206(A)(VIII) OF THE STATE GOVERNMENT ARTICLE.

DRAFTER'S NOTE: This section is based on § 1-104 of the Model Act and §
17A.21 of the Iowa Administrative Procedure Act. At least five other states
have similar provisions. See Bonfield, "The Iowa Administrative Procedure
Act: Background, Construction, Applicability, Public Access to Agency Cases,
the Rulemaking Process", 60 Iowa Law Review 731, 771-76 (1975).

10-226. LICENSES - SPECIAL PROVISIONS.

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(2) "LICENSE" MEANS ALL OR ANY PART OF PERMISSION THAT:

(I)       IS REQUIRED BY LAW TO BE OBTAINED FROM A UNIT;

(II)     IS NOT REQUIRED ONLY FOR REVENUE PURPOSES; AND

(III)    IS IN ANY FORM, INCLUDING:

1.        AN APPROVAL;

2.        A CERTIFICATE;

3.        A CHARTER;

4.        A PERMIT; OR

5.        A REGISTRATION.

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