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S.B. 31
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VETOES
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effective date of this Act, but the provisions of this Act concerning the salary or
compensation of the clerk of each circuit court shall take effect at the beginning of the
next following term of office.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2002.
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May 15, 2002
The Honorable Thomas V Mike Miller, Jr.
President of the Senate
State House
Annapolis MD 21401
Dear Mr. President:
In accordance with Article II, Section 17 of the Maryland Constitution, I have today
vetoed Senate Bill 31 - Administrative Procedure Act - Contested Cases - Time Limit
for Making Final Decision.
Senate Bill 31 provides that in certain circumstances the final administrative
decision in a contested case must be made within 90 days after exceptions to the
proposed final decision are filed or argument is presented before the final decision is
rendered, whichever is later. The bill applies to any proposed decision issued in a
contested case after the bill's October 1, 2002 effective date.
During the 2001 Interim and the 2002 Legislative Session, the Department of the
Environment, environmental organizations, legislators and representatives of the
business community carefully negotiated and reached agreement on two bills, Senate
Bill 848 and House Bill 1229. These bills, which I will sign on May 16, 2002,
streamline the contested case hearing process for a specific group of environmental
permits where there was a demonstrated need for reforming the contested case
hearing process. Senate Bill 31 would broadly impose an arbitrary deadline in all
contested case hearings for final decisions in all State agencies, including personnel,
enforcement and permit issues. At this time, it would not be appropriate to limit the
appeals process in the Administrative Procedure Act without proper consideration of
the relevant issues, and demonstration of a compelling reason to modify the current
hearing process.
For the above reasons, I have vetoed Senate Bill 31.
Sincerely,
Parris N. Glendening
Governor
Senate Bill No. 31
AN ACT concerning
Administrative Procedure Act - Contested Cases - Time Limit for Making
Final Decision
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- 4396 -
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