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Ch.3
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Martin O'Malley, Governor
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5-207. REGULATIONS.
(A) IN GENERAL.
SUBJECT TO § 2-209(B) OF THIS ARTICLE, THE EXECUTIVE DIRECTOR MAY
ADOPT REGULATIONS NECESSARY TO CARRY OUT THE DUTIES IMPOSED ON THE
EXECUTIVE DIRECTOR BY LAW.
(B) RECORDS.
(1) THE EXECUTIVE DIRECTOR SHALL ADOPT REGULATIONS COVERING
THE CUSTODY, USE, AND PRESERVATION OF THE RECORDS OF THE ADMINISTRATION
AND THE LOCAL DEPARTMENTS CONCERNING APPLICANTS FOR AND RECIPIENTS OF
PUBLIC ASSISTANCE.
(2) THE USE OF THE RECORDS OF THE ADMINISTRATION AND THE
LOCAL DEPARTMENTS BY ANY OTHER GOVERNMENTAL UNIT SHALL BE LIMITED TO
THE PURPOSES FOR WHICH THE RECORDS ARE FURNISHED.
(C) FEDERAL MATERIAL.
(D ALL REGULATIONS OR DIRECTIVES IMPLEMENTED BY THE
EXECUTIVE DIRECTOR THAT ARE BASED ON FEDERAL LAW, RULES, REGULATIONS,
OR GUIDELINES SHALL HAVE THE FEDERAL MATERIAL:
(I) REFERENCED IN THE TEXT OF THE STATE MATERIAL; OR
(II) ATTACHED PERMANENTLY TO THE STATE MATERIAL.
(2) THE DEPARTMENT SHALL FURNISH TO EACH OF THE LOCAL
DEPARTMENTS AT LEAST ONE UP-TO-DATE COPY OF ALL CURRENT FEDERAL
REGULATIONS APPLICABLE TO THE OPERATIONS OF THE LOCAL DEPARTMENT.
REVISOR'S NOTE: This section is new language derived without substantive
change from the third sentence of former Art. 88A, § 1A(b) and, as it
related to public assistance, § 5.
Throughout this section, the former references to "rules" are deleted in
light of the term "regulations". See General Revisor's Note to article.
In subsection (a) of this section, the phrase "[s]ubject to § 2-209(b) of this
article" is substituted for the former phrases "after approval or revision
thereof by the Secretary" and "subject to the authority of the Secretary as
set forth in Article 41 of this Code, or elsewhere in the laws of Maryland"
for brevity. Section 2-209(b) of this article requires the Secretary to review
regulations proposed by a unit in the Department and authorizes the
Secretary to approve, disapprove, or revise those regulations.
Also in subsection (a) of this section, the former reference to adopting
regulations "from time to time" is deleted as surplusage.
Also in subsection (a) of this section, the former reference to regulations
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