sets forth requirements governing the proposal and adoption of
regulations, including publication in the Maryland Register and review by
the Joint Committee on Administrative, Executive, and Legislative
Review. See Title 10, Subtitle 1 of the State Government Article. Also, Title
7, Subtitle 2 of the State Government Article, which was formerly the State
Documents Law and is now entitled "Division of State Documents", has no
particular relevance to the responsibilities of an executive agency in
connection with the "development, adoption, and enforcement" of
regulations. The General Assembly may wish to repeal subsection (c) of
this section as meaningless.

Defined terms: "Center" § 11-301
"Secretary" § 1-101

11-306. EVALUATION AND DETERMINATION OF NEED.

(A) SECRETARY TO EVALUATE AND DETERMINE NEED; REQUEST FOR
EVALUATION OF NEED.

(1) WITH THE ASSISTANCE AND ADVICE OF THE COMMISSIONER, THE
SECRETARY SHALL EVALUATE AND DETERMINE THE NEED, IF ANY, FOR ONE OR
MORE CENTERS OR REGIONAL CENTERS IN EACH COUNTY OR MULTICOUNTY
REGION OF THE STATE.

(2) IN PREPARING AN EVALUATION OF NEED AS PROVIDED UNDER
PARAGRAPH (1) OF THIS SUBSECTION, THE SECRETARY SHALL:

(I) FOR A CENTER THAT SERVES A SINGLE COUNTY, CONSULT
WITH THE GOVERNING BODY OF THAT COUNTY; OR

(II) FOR A REGIONAL CENTER, CONSULT WITH THE GOVERNING
BODY OF EACH COUNTY IN THE REGION.

(3) A COUNTY OR THE COUNTIES IN A REGION MAY REQUEST A
COMPLETED EVALUATION OF NEED STUDY FROM THE SECRETARY.

(B) STANDARD.

THE STANDARD TO BE USED BY THE SECRETARY IN MAKING A DETERMINATION
OF NEED IS WHETHER AND TO WHAT EXTENT, BASED ON HISTORIC DATA AND
REASONABLE PROJECTIONS, THERE ARE AND WILL BE RESIDENTS OF THE COUNTY
OR REGION CONVICTED OF CRIMES WHO CAN BEST BE REHABILITATED IN
COMMUNITY-BASED FACILITIES WITHOUT SUBSTANTIAL DANGER TO THE
COMMUNITY.

(C) CERTIFICATION OF NEED.

(1) IF THE SECRETARY DETERMINES THAT. A CENTER OR A REGIONAL
CENTER IS NEEDED, THE SECRETARY SHALL:

(I) FOR A CENTER THAT SERVES A SINGLE COUNTY, CERTIFY THE
DETERMINATION OF NEED TO THE GOVERNING BODY OF THAT COUNTY; OR