Maryland Administrative Procedure Act

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## Contents

* 1 Subtitle 1: Administrative Procedure Act, regulations
* 1.1 Part I: Definitions, general provisions
* 1.1.1 § 10-101: Definitions
* 1.1.2 § 10-102: Scope of subtitle
* 1.2 Part II: Citation of statutory authority, submission to attorney general
* 1.2.1 § 10-105: Scope of part
* 1.2.2 § 10-106: Citation of statutory authority
* 1.2.3 § 10-107: Unit counsel defined, submission to Attorney General or unit counsel
* 1.2.4 § 10-108: Use of "African American" preferred
* 1.3 Part III: Proposal and adoption
* 1.3.1 § 10-109: Scope of part
* 1.3.2 § 10-110: Preliminary review
* 1.3.3 § 10-111: Time limitations, public hearings
* 1.3.4 § 10-111.1: Opposition to adoption
* 1.3.5 § 10-111.2: Proposed and emergency regulations, posting and notice
* 1.3.6 § 10-112: Procedures for publication
* 1.3.7 § 10-112.1: Publication time requirements for regulations
* 1.3.8 § 10-113: Changes in proposed regulations
* 1.3.9 § 10-114: Notice of adoption
* 1.3.10 § 10-115: Reprints
* 1.3.11 § 10-116: Withdrawal of proposed regulation
* 1.3.12 § 10-117: Effective date of regulations
* 1.3.13 § 10-118: Committee powers over emergency or proposed regulations or portion thereof
* 1.4 Part IV: Limited provisions
* 1.4.1 § 10-120: Scope of part
* 1.4.2 § 10-121: Political subdivisions and instrumentalities
* 1.4.3 § 10-122: Procedural regulations
* 1.4.4 § 10-123: Petition for adoption of regulation
* 1.4.5 § 10-124: Evaluation of impact
* 1.4.6 § 10-125: Declaratory judgment
* 1.5 Part V: Invalid provisions
* 1.5.1 § 10-128: Severability
* 1.5.2 § 10-129: Publications of notices
* 1.6 Part VI: Regulatory review and evaluation act
* 1.6.1 § 10-130: Definitions
* 1.6.2 § 10-131: Applicability of part
* 1.6.3 § 10-132: Purposes of part
* 1.6.4 § 10-132.1: Schedule of regulations to be reviewed
* 1.6.5 § 10-133: Executive order for review and evaluation of regulations
* 1.6.6 § 10-134: Work plan
* 1.6.7 § 10-135: Evaluation report
* 1.6.8 § 10-136: Disagreement with recommendations; required action by Governor
* 1.6.9 § 10-137: Resolution of disagreement
* 1.6.10 § 10-138: Proposed amendments or repeal of regulations
* 1.6.11 § 10-139: Citation of part
* 2 Subtitle 2: Administrative Procedure Act, contested cases
* 2.1 § 10-201: Declaration of policy
* 2.2 § 10-202: Definitions
* 2.3 § 10-203: Scope of subtitle
* 2.4 § 10-204: Political subdivisions and instrumentalities
* 2.5 § 10-205: Delegation of hearing authority
* 2.6 § 10-206: Procedural regulations
* 2.7 § 10-206.1: Legal practice
* 2.8 § 10-207: Notice of agency action
* 2.9 § 10-208. Notice of hearing
* 2.10 § 10-209: Notice mailed to address of licensee
* 2.11 § 10-210: Dispositions
* 2.12 § 10-211: Hearings conducted by electronic means
* 2.13 § 10-212: Open hearings
* 2.14 § 10-212.1: Interpreters
* 2.15 § 10-213: Evidence
* 2.16 § 10-214: Consideration of other evidence
* 2.17 § 10-215: Transcription of proceedings; fees
* 2.18 § 10-216: Exceptions
* 2.19 § 10-217: Proof
* 2.20 § 10-218: Contents of record
* 2.21 § 10-219: Ex parte communications
* 2.22 § 10-220: Proposed decisions and orders
* 2.23 § 10-221: Final decisions and orders
* 2.24 § 10-222: Judicial review
* 2.25 § 10-222.1: Administrative orders
* 2.26 § 10-223: Appeals to Court of Special Appeals
* 2.27 § 10-224: Litigation expenses for small businesses and nonprofit organizations
* 2.28 § 10-225: Suspension of provisions
* 2.29 § 10-226. Licenses -- Special provisions
* 3 Subtitle 3: Administrative Procedure Act, declaratory rulings
* 3.1 § 10-301: "Unit" defined
* 3.2 § 10-302: Scope of subtitle
* 3.3 § 10-303: Political subdivisions and instrumentalities
* 3.4 § 10-304: Petition for ruling
* 3.5 § 10-305: Ruling
* 4 See also
* 5 External links
* 6 Footnotes

Administrative State

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•  Public Control

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The Maryland Administrative Procedure Act is the law governing procedures for state administrative agencies to propose and issue regulations and provides for judicial review of agency adjudications and other final decisions in Maryland. It can be found in the State Government Article, Title 10, Subtitles 1, 2, and 3 of the Maryland Code.[1]

## Subtitle 1: Administrative Procedure Act, regulations[edit]

### Part I: Definitions, general provisions[edit]

#### § 10-101: Definitions[edit]

Text of § 10-101:

(a) In this subtitle the following words have the meanings indicated.

(b) “Administrator” means the Administrator of the Division of State Documents.

(c) “Committee” means the Joint Committee on Administrative, Executive, and Legislative Review.

(d) “Local government unit” means:

(1) a county;
(2) a municipal corporation;
(3) a special district that is established by State law and that operates within a single county;
(4) a special district that is established by a county pursuant to public general law; or
(5) an office, board, or department that is established in each county under State law and that is funded, pursuant to State law, at least in part by the county governing body.

(e) “Mandate” means a directive in a regulation that requires a local government unit to perform a task or assume a responsibility that has a discernible fiscal impact on the local government unit.

(f) “Register” means the Maryland Register.

(g)

(1) “Regulation” means a statement or an amendment or repeal of a statement that:

(i) has general application;

(ii) has future effect;

(iii) is adopted by a unit to:

1\. detail or carry out a law that the unit administers;
2\. govern organization of the unit;
3\. govern the procedure of the unit; or
4\. govern practice before the unit; and

(iv) is in any form, including:

1\. a guideline;
2\. a rule;
3\. a standard;
4\. a statement of interpretation; or
5\. a statement of policy.

(2) “Regulation” does not include:

(i) a statement that:

1\. concerns only internal management of the unit; and
2\. does not affect directly the rights of the public or the procedures available to the public;

(ii) a response of the unit to a petition for adoption of a regulation, under § 10–123 of this subtitle; or
(iii) a declaratory ruling of the unit as to a regulation, order, or statute, under Subtitle 3 of this title.

(3) “Regulation”, as used in §§ 10–110 and 10–111.1 of this subtitle, means all or any portion of a regulation.

(h) “Small business” has the meaning stated in § 2–1505.2 of this article.

(i) “Substantively” means in a manner substantially affecting the rights, duties, or obligations of:

(1) a member of a regulated group or profession; or
(2) a member of the public.
(j) “Unit” means an officer or unit authorized by law to adopt regulations.[2]

#### § 10-102: Scope of subtitle[edit]

Text of § 10-102

(a) In general. -- Except as otherwise expressly provided by law, this subtitle applies to:

(1) each unit in the Executive Branch of the State government; and
(2) each unit that:

(i) is created by public general law; and
(ii) operates in at least 2 counties.

(b) Exclusions. -- This subtitle does not apply to:

(1) a unit in the Legislative Branch of the State government;
(2) a unit in the Judicial Branch of the State government;
(3) a board of license commissioners;
(4) the Rural Maryland Council; or
(5) the Military Department.[3]

### Part II: Citation of statutory authority, submission to attorney general[edit]

#### § 10-105: Scope of part[edit]

Text of § 10-105:

This Part II of this subtitle does not apply to a regulation of a bicounty commission that county governing bodies appoint.[4]

#### § 10-106: Citation of statutory authority[edit]

Text of § 10-106:

A regulation is not effective unless it contains a citation of the statutory authority for the regulation.[5]

#### § 10-107: Unit counsel defined, submission to Attorney General or unit counsel[edit]

Text of § 10-107:

(a) "Unit counsel" defined. -- "Unit counsel" means the unit counsel for the Commission on Civil Rights, the Public Service Commission, and the State Ethics Commission.

(b) Approval as to legality. -- Unless a proposed regulation is submitted to the Attorney General or to the unit counsel for approval as to legality, the regulation:

(1) may not be adopted under any statutory authority; and
(2) if adopted, is not effective.[6]

#### § 10-108: Use of "African American" preferred[edit]

Text of § 10-108:

In the preparation of a regulation, a unit shall use the term "African American" instead of "Black", "Negro", "Afro-American", or similar terms.[7]

### Part III: Proposal and adoption[edit]

#### § 10-109: Scope of part[edit]

Text of § 10-109:

This Part III of this subtitle applies only to a unit in the Executive Branch of the State government.[8]

#### § 10-110: Preliminary review[edit]

Text of § 10-110:

(a) Scope of section. -- Except for subsection (d) of this section, this section does not apply to a regulation adopted under § 10-111(b) of this subtitle.

(b) Preliminary review -- State Children's Environmental Health and Protection Advisory Council. -- At least 15 days before the date a proposed regulation is submitted to the Maryland Register for publication under § 10-112 of this subtitle, the promulgating unit shall submit to the State Children's Environmental Health and Protection Advisory Council established under § 13-1503 of the Health - General Article for review any proposed regulations identified by the promulgating unit as having an impact on environmental hazards affecting the health of children.

(c)

(1) At least 15 days before the date a proposed regulation is submitted to the Maryland Register for publication under § 10-112 of this subtitle, the promulgating unit shall submit the proposed regulation to the Committee and the Department of Legislative Services.

(2)

(i) If the proposed regulation, either in whole or in part, submitted to the Committee and the Department of Legislative Services in accordance with paragraph (1) of this subsection includes an increase or decrease in a fee for a license to practice any business activity, business or health occupation, or business or health profession licensed or otherwise regulated under State law, the promulgating unit shall include clearly written explanatory reasons that justify the increase or decrease in the fee.
(ii) If a regulation submitted under subparagraph (i) of this paragraph proposes an increase in a fee for a license, the written justification also shall include information about:

1\. the amount of money needed by the promulgating unit to operate effectively or to eliminate an imbalance between the revenues and expenditures of the unit;
2\. the most recent year in which the promulgating unit had last increased its fees;
3\. the structure of the promulgating unit as to whether it is one that retains the license fees it receives or passes them through to a national organization or association that creates and administers a uniform licensing examination that is taken by anyone in the United States who is seeking a license to practice a particular occupation or profession or business activity issued by the promulgating unit;
4\. measures taken by the promulgating unit to avoid or mitigate the necessity of a fee increase and the results of those measures;
5\. special circumstances about the activities and responsibilities of the promulgating unit, including investigations of individuals licensed by the unit, that have had an adverse impact on the unit's operating expenses;
6\. consideration given by the promulgating unit to the hardship a license fee increase may have on individuals and trainees licensed or regulated by the unit; and
7\. actions taken by the promulgating unit to elicit the opinions of the individuals who are licensed by the promulgating unit and the members of the public as to the effectiveness and performance of the promulgating unit.

(3) If the promulgating unit estimates that the proposed regulation will have a significant small business impact, the unit shall:

(i) establish an electronic registry that allows any small business or other interested party to register to receive an electronic notification when the proposed regulation or the scope of the proposed regulation is posted on the unit’s website in accordance with item (ii) of this paragraph;
(ii) post the proposed regulation or the scope of the proposed regulation on the unit’s website at least 15 days before the date the proposed regulation is submitted to the Committee and the Department of Legislative Services in accordance with this section and provide an opportunity for comments on the unit’s proposal;
(iii) on posting a proposed regulation or the scope of the proposed regulation on the unit’s website in accordance with item (ii) of this paragraph, notify the parties registered in the electronic registry established under item (i) of this paragraph that the proposed regulation or the scope of the proposed regulation has been posted; and
(iv) prepare a compliance guide written in clear, plain English to assist small businesses in complying with the proposed regulation, update the guide as needed until the regulation is final, and post the guide on the unit’s website.

(d)

(1) The Committee is not required to take any action with respect to a proposed regulation submitted to it pursuant to subsection (c) of this section.
(2) Failure by the Committee to approve or disapprove the proposed regulation during the period of preliminary review provided by subsection (c) of this section may not be construed to mean that the Committee approves or disapproves the proposed regulation.
(3) During the preliminary review period, the Committee may take any action relating to the proposed regulation that the Committee is authorized to take under §§ 10–111.1 and 10–112 of this subtitle.
(e) Prior to the date specified in subsection (c) of this section, the promulgating unit is encouraged to submit the proposed regulation to the Committee and to consult with the Committee concerning the form and content of that regulation.[9]

#### § 10-111: Time limitations, public hearings[edit]

Text of § 10-111:

(a)

(1) Except as provided in subsection (b) of this section, a unit may not adopt a proposed regulation until:

(i) after submission of the proposed regulation to the Committee for preliminary review under § 10-110 of this subtitle; and
(ii) at least 45 days after its first publication in the Register.

(2)

(i) If the Committee determines that an appropriate review cannot reasonably be conducted within 45 days and that an additional period of review is required, it may delay the adoption of the regulation by so notifying the promulgating unit and the Division of State Documents, in writing, prior to the expiration of the 45-day period.
(ii) If notice is provided to the promulgating unit pursuant to subparagraph (i) of this paragraph, the promulgating unit may not adopt the regulation until it notifies the Committee, in writing, of its intention to adopt the regulation and provides the Committee with a further period of review of the regulation that terminates not earlier than the later of the following:

1\. the 30th day following the notice provided by the promulgating unit under this subparagraph; or
2\. the 105th day following the initial publication of the regulation in the Register.

(3) The promulgating unit shall permit public comment for at least 30 days of the 45-day period under paragraph (1)(ii) of this subsection.

(b)

(1) The unit may adopt a proposed regulation immediately if the unit:

(i) declares that the emergency adoption is necessary;
(ii) submits the proposed regulation to the Committee and the Department of Legislative Services, together with the fiscal impact statement required under subsection (c) of this section; and
(iii) has the approval of the Committee for the emergency adoption.

(2) (i) Subject to subparagraphs (ii), (iii), and (iv) of this paragraph, the approval of the Committee may be given:

1\. by a majority of its members who are present and voting at a public hearing or meeting of the Committee; or
2\. if staff of the Committee tries but is unable to contact a majority of the members of the Committee in a timely manner and immediate adoption is necessary to protect the public health or safety, by its presiding Chairman or, if its presiding Chairman is unavailable, by its cochair.
(ii) If a member of the Committee requests a public hearing on the emergency adoption of a regulation, the Committee shall hold a public hearing.
(iii)

1\. If a public hearing is held on the emergency adoption of a regulation, the Committee may not approve the emergency adoption except by a majority vote of the members present and voting at the hearing or at a meeting of the Committee subsequent to the hearing.
2\. If a vote on the emergency regulation is not taken at the public hearing or immediately thereafter, the Committee members shall be provided at least 1 week's notice of the scheduling of any subsequent meeting to vote on the regulation.
(iv) Unless the Governor declares that immediate adoption is necessary to protect the public health or safety, the Committee may not approve the emergency adoption of a regulation earlier than 10 business days after receipt of the regulation by the Committee and the Department of Legislative Services.

(3) If there is no request for a public hearing, the staff of the Committee may poll, in person, by telephone, or in writing:

(i) the members of the Committee; or
(ii) if staff of the Committee tries but is unable to contact a majority of the members of the Committee in a timely manner and immediate adoption is necessary to protect the public health or safety, the presiding Chairman or the cochair.

(4)

(i) The Committee may impose, as part of its approval, any condition.
(ii) The Committee shall impose, as part of its approval, a time limit not to exceed 180 days on each request for emergency status.
(iii) If the unit does not adopt the regulation finally before the time limit expires, the status of the regulation reverts to its status before the emergency adoption.

(5) The Committee may rescind its approval by a majority of its members present and voting at a public hearing or meeting of the Committee.

(c)

(1) The fiscal impact statement, prepared by the unit and submitted under subsection (b) of this section, shall state:

(i) an estimate of the impact of the emergency regulation on the revenues and expenditures of the State;
(ii) whether the State budget for the fiscal year in which the regulation will become effective contains an appropriation of the funds necessary for the implementation of the emergency regulation;
(iii) if an appropriation is not contained in the State budget, the source of the funds necessary for the implementation of the emergency regulation; and
(iv) whether the emergency regulation imposes a mandate on a local government unit.

(2) If the emergency regulation imposes a mandate on a local government unit, the fiscal impact statement shall:

(i) indicate whether the regulation is required to comply with a federal statutory or regulatory mandate;
(ii) if the information may be practicably obtained given the emergency circumstances of the regulations, include an estimate of the impact of the emergency regulation on the revenues and expenditures of local government units; and
(iii) if applicable, and if the required data is available, include the estimated effect on local property tax rates.[10]

#### § 10-111.1: Opposition to adoption[edit]

Text of § 10-111.1:

(a)

(1) Prior to the expiration of any period of review granted to or reserved by the Committee pursuant to § 10-111(a) of this subtitle, the Committee, by a majority vote, may oppose the adoption of any proposed regulation.

(2) Unless waived by both of the presiding officers, at least 2 weeks prior to acting pursuant to subsection (a)(1) of this section with respect to any proposed regulation, the Committee shall notify the presiding officers who shall notify the appropriate standing committees that the special procedure established by this section may be exercised.

(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 may consult with the Committee and the unit in an effort to resolve the conflict. 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) A proposed regulation opposed by the Committee pursuant to this section may not be adopted, and is not effective unless approved, by the Governor pursuant to subsection (c)(3) of this section.[11]

#### § 10-111.2: Proposed and emergency regulations, posting and notice[edit]

Text of § 10-111.2:

(a)

(1) The Web site of the General Assembly shall include a list of all emergency regulations the Committee has received but has not approved.

(2) For each regulation, the list shall include:

(i) the date the Committee received the regulation;
(ii) whether a member of the Committee has requested a public hearing;
(iii) the date of any public hearing scheduled;
(iv) the date and a summary of any action the Committee has taken; and
(v) the name and telephone number of a member of the Committee's staff who can provide further information.

(3) A regulation shall be added to the list within 3 business days after receipt of the regulation by the Committee and the Department of Legislative Services.

(b)

(1) The Department of Legislative Services shall maintain a list of members of the public who have requested to receive notice when the Department of Legislative Services receives proposed regulations for which the promulgating unit has requested emergency adoption.

(2) A member of the public who requests notice under this subsection shall specify:

(i) whether the individual wants to receive notice by United States mail or electronic mail; and
(ii) which agencies' regulations the individual wants to receive notice of receipt.

(3) Within 2 business days of receipt of a proposed regulation, the Department of Legislative Services shall provide notice to members of the public who have requested notice, as specified in paragraph (2) of this subsection.

(4) The Department of Legislative Services:

(i) may impose a reasonable fee for sending notice under this subsection by United States mail; and
(ii) may not impose a fee for sending notice under this subsection by electronic mail.

(5) Upon request, a promulgating unit shall provide copies of emergency regulations to members of the public.[12]

#### § 10-112: Procedures for publication[edit]

Text of § 10-112:

(a)

(1) This subsection does not apply to the emergency adoption of a regulation.

(2) To have a proposed regulation published in the Register, a unit shall submit to the Administrator:

(i) the proposed regulation; and
(ii) a notice of the proposed adoption.

(3) The notice under this subsection shall:

(i) state the estimated economic impact of the proposed regulation on:

1\. the revenues and expenditures of units of the State government and of local government units; and
2\. groups such as consumer, industry, taxpayer, or trade groups;
(ii) include a statement of purpose;
(iii) satisfy the requirements of § 2-1505.2 of this article;
(iv) comply with § 7-113(c) of the Human Services Article; and
(v) give persons an opportunity to comment before adoption of the proposed regulation, by:

1\. setting a date, time, and place for a public hearing at which oral or written views and information may be submitted; or
2\. giving a telephone number that a person may call to comment and an address to which a person may send comments.

(4)

(i) The estimated economic impact statement required under paragraph (3)(i) of this subsection shall state whether the proposed regulation imposes a mandate on a local government unit.
(ii) If the proposed regulation imposes a mandate, the fiscal impact statement shall:

1\. indicate whether the regulation is required to comply with a federal statutory or regulatory mandate; and
2\. include, in addition to the estimate under paragraph (3)(i)1 of this subsection, the estimated effect on local property tax rates, if applicable, and if the required data is available.

(b) As soon as the Committee approves emergency adoption of a regulation, the Committee shall submit the regulation to the Administrator.

(c) If a regulation under this section amends or repeals an adopted regulation, the text of the regulation under this section shall show the changes with the symbols that the Administrator requires.[13]

#### § 10-112.1: Publication time requirements for regulations[edit]

Text of § 10-112.1:

(a) Whenever a unit publishes a proposed regulation in the Register in accordance with § 10-112 of this subtitle, the unit shall publish the text of the proposed regulation on the unit's Web site not later than 3 business days after the date that the proposed regulation is published in the Register.

(b) Whenever a unit submits a regulation to the Committee for approval as an emergency adoption in accordance with § 10-111(b) of this subtitle, the unit shall publish the text of the regulation on the unit's Web site not later than 3 business days after the date that the regulation is submitted to the Committee for approval of emergency adoption.

(c) To comply with the publication requirement of this section, a unit shall:

(1) publish the text of the regulation on the unit's home page on its Web site; or
(2) provide a link on the unit's home page to the text of the regulation if the text of the regulation is available elsewhere on the unit's Web site.
(d) The failure of a unit to publish the text of a regulation in a timely manner under this section may not invalidate or otherwise affect the adoption of the regulation.[14]

#### § 10-113: Changes in proposed regulations[edit]

Text of § 10-113:

(a) In this section, "unit counsel" has the meaning stated in § 10-107 of this subtitle.

(b) If a unit wishes to change the text of a proposed regulation so that any part of the text differs substantively from the text previously published in the Register, the unit may not adopt the proposed regulation unless it is proposed anew and adopted in accordance with the requirements of §§ 10-111 and 10-112 of this subtitle.

(c) If the regulation is proposed anew, the changes in the text shall be shown with the symbols that the Administrator requires.

(d)

(1) The Administrator shall refuse to publish the notice of adoption of a regulation that differs from the text previously published unless the notice is accompanied by a certification from the Attorney General or the unit counsel that the provisions of subsections (b) and (c) of this section are not applicable.
(2) The certification shall:

(i) be prepared in the form and according to guidelines specified by the Administrator;
(ii) contain a description of the nature of each change and the basis for the conclusion; and
(iii) be published in the Register as part of the notice of adoption.[15]

#### § 10-114: Notice of adoption[edit]

Text of § 10-114:

(a) After adopting a regulation, a unit shall submit to the Administrator a notice of adoption, for publication in the Register.

(b) If the text of the adopted regulation is the same or substantially similar to the proposed regulation, the notice shall:

(1) state that the texts are the same or substantially similar;
(2) cite the date of the Register in which the proposed regulation was published; and
(3) show each change in the text with the symbols that the Administrator requires.[16]

#### § 10-115: Reprints[edit]

Text of § 10-115:

(a) A unit may not reset or reprint a regulation in the Code of Maryland Regulations, the permanent supplements to the Code of Maryland Regulations, or the Register without the written permission of the Committee.

(b) Before reprinting a regulation under this section, a unit shall submit the proposed text of the regulation to the Division of State Documents for comparison with the official text.[17]

#### § 10-116: Withdrawal of proposed regulation[edit]

Text of § 10-116:

(a) A unit:

(1) may withdraw a proposed regulation at any time before its adoption; but
(2) may not adopt the proposed regulation unless it is proposed anew and adopted in accordance with the requirements of §§ 10-111 and 10-112 of this subtitle.

(b)

(1) The failure to adopt a proposed regulation within 1 year after its last publication in the Register constitutes withdrawal under this section.
(2) The Administrator shall publish in the Register notice of a withdrawal of a proposed regulation under this subsection.[18]

#### § 10-117: Effective date of regulations[edit]

Text of § 10-117:

(a)

(1) Except as otherwise provided in subsection (b) of this section or in other law, the effective date of a regulation is:

(i) the 10th calendar day after notice of adoption is published in the Register; or
(ii) a later date that the notice sets.

(2) For calculation of the effective date under this subsection:

(i) § 1-302 of the General Provisions Article does not apply;
(ii) the issue date of the Register in which the notice is published is not counted; and
(iii) each other calendar day, including Saturdays, Sundays, and legal holidays, is counted.
(b) The effective date of a regulation after its emergency adoption is the date that the Committee sets.[19]

#### § 10-118: Committee powers over emergency or proposed regulations or portion thereof[edit]

Text of § 10-118:

The Committee may exercise a power granted under this subtitle over an emergency or proposed regulation or a specific, distinct, and severable provision of an emergency or proposed regulation.[20]

### Part IV: Limited provisions[edit]

#### § 10-120: Scope of part[edit]

Text of § 10-120:

(a) This Part IV of this subtitle does not apply to:

(1) the Governor;
(2) the State Department of Assessments and Taxation;
(3) the Board of Appeals of the Department of Labor, Licensing, and Regulation;
(4) the Insurance Administration;
(5) the Maryland Parole Commission of the Department of Public Safety and Correctional Services;
(6) the Public Service Commission;
(7) the Maryland Tax Court; or
(8) the State Workers' Compensation Commission.

(b) If the Insurance Commissioner states in writing that, as to a particular matter, the Maryland Automobile Insurance Fund need not comply with this Part IV of this subtitle, this Part IV does not apply to the Fund with respect to that matter.

(c) This subtitle does apply to the property tax assessment appeals boards.[21]

#### § 10-121: Political subdivisions and instrumentalities[edit]

Text of § 10-121:

A political subdivision of the State or an instrumentality of a political subdivision is entitled, to the same extent as other legal entities, to be an interested person, party, or petitioner in a matter under this subtitle, including an appeal.[22]

#### § 10-122: Procedural regulations[edit]

Text of § 10-122:

(a) Each unit shall adopt regulations to govern procedures under this Part IV of this subtitle, including the related forms that the unit requires and the instructions for completing the forms.

(b) To help persons deal with the unit, the unit shall supplement, so far as practicable, the regulations under this section with a description of the procedures of the unit.[23]

#### § 10-123: Petition for adoption of regulation[edit]

Text of § 10-123:

(a) An interested person may submit to a unit a petition for the adoption of a regulation.

(b) Within 60 days after the petition is submitted, the unit shall:

(1) in writing, deny the petition and state the reasons for the denial; or
(2) initiate the procedures for adoption of the regulation.[24]

#### § 10-124: Evaluation of impact[edit]

Text of § 10-124:

(a) "Business" defined. -- In this section, "business" means a trade, professional activity, or other business that is conducted for profit.

(b) Required. --

(1) Before a unit adopts a proposed regulation, the unit shall evaluate whether the proposed regulation has any impact on businesses.
(2) To evaluate the impact, the unit shall:

(i) on the basis of the sizes of the businesses that the proposed regulation might affect, divide those businesses into any classes that the unit considers appropriate for the proposed regulation; and
(ii) particularly consider:

1\. the costs that the proposed regulation would impose on each class; and
2\. the difficulty of compliance for each class.
(c) Action after evaluation. -- On the basis of the evaluation, the unit may adopt 1 or more regulations that apply differently to classes of businesses.[25]

#### § 10-125: Declaratory judgment[edit]

Text of § 10-125:

(a)

(1) A person may file a petition for a declaratory judgment on the validity of any regulation, whether or not the person has asked the unit to consider the validity of the regulation.
(2) A petition under this section shall be filed with the circuit court for the county where the petitioner resides or has a principal place of business.

(b) A court may determine the validity of any regulation if it appears to the court that the regulation or its threatened application interferes with or impairs or threatens to interfere with or impair a legal right or privilege of the petitioner.

(c) The unit that adopted the regulation shall be made a party to the proceeding under this section.

(d) Subject to § 10-128 of this subtitle, the court shall declare a provision of a regulation invalid if the court finds that:

(1) the provision violates any provision of the United States or Maryland Constitution;
(2) the provision exceeds the statutory authority of the unit; or
(3) the unit failed to comply with statutory requirements for adoption of the provision.[26]

### Part V: Invalid provisions[edit]

#### § 10-128: Severability[edit]

Text of § 10-128:

(a) Unless a regulation expressly states otherwise, its provisions are severable.

(b) The finding of a court that a provision of a regulation is invalid invalidates only any other provision of the regulation that the court finds then is so incomplete that it cannot be carried out in accordance with the purpose of the regulation.[27]

#### § 10-129: Publications of notices[edit]

Text of § 10-129:

(a) This section applies only to a unit in the Executive Branch of the State government.

(b) Whenever a court of final appeal declares all or any part of a regulation invalid and unconstitutional:

(1) the unit that adopted the regulation shall have notice of that fact published in the Register; and
(2) the Administrator shall publish notice of that fact in the permanent supplements or otherwise in the Code of Maryland Regulations.[28]

### Part VI: Regulatory review and evaluation act[edit]

#### § 10-130: Definitions[edit]

Text of § 10-130:

(a) In this Part VI the following words have the meanings indicated.

(b) "Adopting authority" means the individual or entity charged under law with adopting regulations for a unit.

(c) "Committee" means the Joint Committee on Administrative, Executive, and Legislative Review.

(d) "Evaluation report" means the document prepared by a unit of State government in accordance with this part that results from the unit's review of its regulations.

(e) "Regulation" has the meaning stated in § 10-101(h) of this subtitle and is limited to those regulations in effect at the time any action is required or taken under this part.

(f) "Stakeholder" means a person that has an interest in or is impacted by an existing regulation.

(g) "Unit" means each unit in the Executive Branch of State government that is authorized by law to adopt regulations.

(h) "Work plan" means a unit's proposal for the evaluation of its regulations.[29]

#### § 10-131: Applicability of part[edit]

Text of § 10-131:

This part does not apply to a regulation of a bi-county or multicounty commission or authority or to any other entity not a part of the Executive Branch of State government.[30]

#### § 10-132: Purposes of part[edit]

Text of § 10-132:

The purposes of this part are to:

(1) establish a system of executive and legislative evaluation of regulations that will:

(i) determine whether the regulations of a unit:

1\. continue to be necessary for the public interest;
2\. continue to be supported by statutory authority and judicial opinions; and
3\. are obsolete or otherwise are appropriate for amendment or repeal; and
(ii) assist the Executive Branch in being accountable and responsive to the public interest; and
(2) assure that the evaluation takes place in a timely and orderly manner.[31]

#### § 10-132.1: Schedule of regulations to be reviewed[edit]

Text of § 10-132.1:

(a)

(1) Subject to subsection (b) of this section, the adopting authority for each unit shall every 8 years, beginning on or after October 1, 2001, submit to the Governor and to the Committee a schedule of regulations to be reviewed under this part during the following 8 years.
(2)

(i) To the extent possible and reasonable, an adopting authority shall schedule related regulations to be reviewed concurrently.
(ii) Unless good cause exists for publishing a larger group of regulations concurrently, the largest group of regulations that an adopting authority may schedule for review concurrently shall be a subtitle.

(b)

(1) At the time that a unit's regulations are scheduled for review under this part, an adopting authority may certify to the Committee and the Governor that the review of a regulation or group of related regulations would not be effective or cost-effective and is exempt from the review process under this subtitle because the regulation or group of related regulations was:

(i) adopted to implement a federally mandated or federally approved program; or
(ii) initially adopted or comprehensively amended during the preceding 8 years.

(2) An adopting authority issuing a certificate of exemption shall provide the Governor and Committee with written justification for the certificate of exemption.

(3) If there is more than one adopting authority for a regulation or group of related regulations for which an exemption is to be certified, each adopting authority shall sign the certificate of exemption and written justification required under this subsection.
(c) At any time during a review cycle, the Governor or Committee may ask that an adopting authority review a regulation or group of regulations for which a certificate of exemption has been issued, notwithstanding the claim of exemption.[32]

#### § 10-133: Executive order for review and evaluation of regulations[edit]

Text of § 10-133:

(a) Based on the schedules submitted by the adopting authorities under § 10-132.1 of this subtitle, the Governor shall, by an executive order consistent with this part, provide for the review and evaluation of the regulations of each unit in accordance with this part.

(b) The executive order shall provide that a review and evaluation of the regulations of all units be undertaken every 8 years, beginning on July 1, 1995 and is repeated during each 8-year period thereafter.

(c) The executive order under subsection (b) of this section shall schedule the evaluations in such a manner that:

(1) a deadline is established for each unit to complete its evaluation; and
(2) the deadlines of the various units are staggered across the entire 8-year period.

(d)

(1) The executive order shall provide that, on written request from a unit, the Governor may alter the deadline for that unit.
(2) If the Governor approves a request to alter a deadline, the unit shall notify the Committee.[33]

#### § 10-134: Work plan[edit]

Text of § 10-134:

(a) At least 1 year before the commencement of the review and evaluation of its regulations, each unit shall prepare a work plan and submit the work plan to the Governor and, subject to § 2-1246 of this article, the Committee.

(b) The work plan shall:

(1) include a description of the procedures and methods to be used by the unit, which may include:

(i) procedures for inviting public comment, including:

1\. the publication of notices in the Maryland Register;
2\. the publication of notices in newspapers of general circulation in the State;
3\. the posting of a notice on the unit's Web site or on a statewide Web site created for units to post notices of regulations review;
4\. the mailing of notices; and
5\. the holding of public hearings at various locations around the State;
(ii) procedures for ensuring the participation of stakeholders in the review process;
(iii) procedures for ensuring the participation in the review process of other units affected by the regulations; and
(iv) procedures for gathering and reviewing:

1\. recent scientific information related to the regulations being reviewed;
2\. similar regulations adopted or repealed by other states or the federal government; and
3\. other appropriate information;

(2) identify the individual or individuals in the unit who will coordinate the evaluation and communicate with the Committee; and

(3) establish the schedule the unit will follow to complete its evaluation report in a timely manner.

(c)

(1) Within 30 days after receipt of the work plan by the Committee, it shall:

(i) advise the unit in writing of any part of the work plan with which it disagrees;
(ii) submit to the unit in writing any changes it recommends to the work plan; and
(iii) in the event of a disagreement, attempt to meet with the head of the unit.

(2) The head of the unit and the Committee shall attempt to resolve any disagreements within 30 days after the Committee acts under this subsection.[34]

#### § 10-135: Evaluation report[edit]

Text of § 10-135:

(a)

(1) Pursuant to the work plan adopted under § 10-134 of this subtitle, each unit shall complete an evaluation report on or before the deadline established by the executive order.

(2) Consistent with the requirements of § 10-132(1)(i) of this subtitle, the evaluation report shall contain:

(i) a list of any stakeholders invited to review the regulations and a summary of their participation in and input into the review process;
(ii) a list of any affected units invited to review the regulations and a summary of their participation in and input into the review process;
(iii) a description of the process used to solicit public comment, including:

1\. any notice published in the Maryland Register;
2\. any notice published in newspapers of general circulation;
3\. any notice posted on the unit's Web site or on a statewide Web site created for units to post notices of regulations review;
4\. any mailing by the adopting authority; and
5\. any public hearing held;
(iv) summaries of:

1\. all comments received from stakeholders, affected units, or the public; and
2\. the adopting authority's responses to those comments;
(v) a description of any interunit conflict reviewed and the resolution or proposed resolution of that conflict;
(vi) a summary of any relevant scientific data gathered;
(vii) a summary of any relevant information gathered related to the regulations of other states or the federal government;
(viii) a summary of any other relevant information gathered;
(ix) a summary of any proposed amendments to the unit's regulations and the reason that the amendments are being proposed;
(x) a summary of any proposed repeal of those regulations and the reason that the repeal is being proposed; and
(xi) any proposed reorganization of those regulations and the reason that the reorganization is being proposed.

(b)

(1) On completion of its evaluation report, a unit shall:

(i) provide a copy to the Committee which shall immediately provide copies thereof to the standing committees designated by the presiding officers for their review and comment;
(ii) provide sufficient copies to the State Library Resource Center for distribution to designated depository libraries in accordance with § 23-303 of the Education Article; and
(iii) publish a notice in the Maryland Register that the evaluation report is available for public inspection and comment for 60 days.

(2) The unit may hold a public hearing on the evaluation report at the discretion of the head of the unit.

(c)

(1) The Committee shall review the evaluation report.

(2) During the review, the Committee may solicit public comment through written comments or public hearings.

(d)

(1) During the 60-day review period established under subsection (b)(1) of this section, the Committee may submit to the unit comments on and recommendations for change in the unit's evaluation report.

(2) Within 30 days after the termination of the 60-day review period, the unit shall:

(i) notify the Committee of the unit's agreement or disagreement with the Committee's recommendations; and
(ii) attempt to resolve any disagreements.

(3) If the Committee submits no comments or recommendations under this subsection, or if any disagreements have been resolved by the termination of the period provided in paragraph (2) of this subsection, the evaluation report is deemed approved.[35]

#### § 10-136: Disagreement with recommendations; required action by Governor[edit]

Text of § 10-136:

(a)

(1) If a unit, other than those referred to in § 10-137 of this subtitle, disagrees with a Committee recommendation and the disagreement has not been resolved by the termination of the period provided under § 10-135(d)(2) of this subtitle, the unit, within 30 days thereafter, shall submit the evaluation report to the Governor with an explanation of the disagreement and a statement of justification for the unit's position.

(2) After receipt of the report and accompanying justification and after consulting with the presiding Chairman of the Committee, the Governor shall:

(i) approve the evaluation report either as proposed by the unit or with such modifications as the Governor deems appropriate; or
(ii) instruct the unit to modify the evaluation report and, under this section, to submit a revised report to the Governor and to the Committee.
(b) The unit shall provide the Committee, subject to § 2-1246 of this article, with a copy of an evaluation report approved by the Governor and any other written action taken by the Governor under this section.[36]

#### § 10-137: Resolution of disagreement[edit]

Text of § 10-137:

(a) This section applies to the Comptroller, the Treasurer, the Attorney General, and the Board of Public Works.

(b) Within 30 days of the receipt by one of the units referred to in subsection (a) of this section of a Committee comment or recommendation under § 10-135(d) of this subtitle with which that unit disagrees, the Comptroller, the Treasurer, the Attorney General, or the Board of Public Works, as the case may be, shall, after consultation with the Committee, resolve the disagreement.

(c) The unit involved shall promptly notify the Committee of any resolution of a disagreement under this section and provide the Committee with a copy of the approved evaluation report.[37]

#### § 10-138: Proposed amendments or repeal of regulations[edit]

Text of § 10-138:

(a) Within 120 days after an evaluation report is approved pursuant to § 10-135(d)(3), § 10-136(a)(2)(i), or § 10-137 of this subtitle, the unit shall propose for adoption any amendments to or repeal of its regulations that were summarized in the unit's evaluation report as approved.

(b) The amendments or repeal shall be proposed in the manner provided under Part III of this subtitle.[38]

#### § 10-139: Citation of part[edit]

Text of § 10-139:

This Part VI of this subtitle may be cited as the "Regulatory Review and Evaluation Act".[39]

## Subtitle 2: Administrative Procedure Act, contested cases[edit]

#### § 10-201: Declaration of policy[edit]

Text of § 10-201:

The purpose of this subtitle is to:

(1) ensure the right of all persons to be treated in a fair and unbiased manner in their efforts to resolve disputes in administrative proceedings governed by this subtitle; and
(2) promote prompt, effective, and efficient government.[40]

#### § 10-202: Definitions[edit]

Text of § 10-202:

(a) In this subtitle the following words have the meanings indicated.

(b) "Agency" means:

(1) an officer or unit of the State government authorized by law to adjudicate contested cases; or
(2) a unit that:

(i) is created by general law;

(ii) operates in at least 2 counties; and
(iii) is authorized by law to adjudicate contested cases.

(c) "Agency head" means:

(1) an individual or group of individuals in whom the ultimate legal authority of an agency is vested by any provision of law; or
(2) the secretary of the State department that is responsible for State programs that are administered by the Montgomery County Department of Health and Human Services.

(d)

(1) "Contested case" means a proceeding before an agency to determine:

(i) a right, duty, statutory entitlement, or privilege of a person that is required by statute or constitution to be determined only after an opportunity for an agency hearing; or
(ii) the grant, denial, renewal, revocation, suspension, or amendment of a license that is required by statute or constitution to be determined only after an opportunity for an agency hearing.
(2) "Contested case" does not include a proceeding before an agency involving an agency hearing required only by regulation unless the regulation expressly, or by clear implication, requires the hearing to be held in accordance with this subtitle.

(e) "License" means all or any part of permission that:

(1) is required by law to be obtained from an agency;
(2) is not required only for revenue purposes; and
(3) is in any form, including:

(i) an approval;
(ii) a certificate;
(iii) a charter;
(iv) a permit; or
(v) a registration.

(f) "Office" means the Office of Administrative Hearings.

(g) "Presiding officer" means the board, commission, agency head, administrative law judge, or other authorized person conducting an administrative proceeding under this subtitle.[41]

#### § 10-203: Scope of subtitle[edit]

Text of § 10-203:

(a) This subtitle does not apply to:

(1) the Legislative Branch of the State government or an agency of the Legislative Branch;
(2) the Judicial Branch of the State government or an agency of the Judicial Branch;
(3) the following agencies of the Executive Branch of the State government:

(i) the Governor;
(ii) the Department of Assessments and Taxation;
(iii) the Insurance Administration except as specifically provided in the Insurance Article;
(iv) the Maryland Parole Commission of the Department of Public Safety and Correctional Services;
(v) the Public Service Commission;
(vi) the Maryland Tax Court;
(vii) the State Workers' Compensation Commission;
(viii) the Maryland Automobile Insurance Fund; or
(ix) the Patuxent Institution Board of Review, when acting on a parole request;
(4) an officer or unit not part of a principal department of State government that:

(i) is created by or pursuant to the Maryland Constitution or general or local law;
(ii) operates in only 1 county; and
(iii) is subject to the control of a local government or is funded wholly or partly from local funds;
(5) unemployment insurance claim determinations, tax determinations, and appeals in the Department of Labor, Licensing, and Regulation except as specifically provided in Subtitle 5A of Title 8 of the Labor and Employment Article; or
(6) any other entity otherwise expressly exempted by statute.

(b) This subtitle does apply to:

(1) the property tax assessment appeals boards; and
(2) as to requests for correction of certificates of death under § 5-310(d)(2) of the Health - General Article, the office of the Chief Medical Examiner.

(c) A public hearing required or provided for by statute or regulation before an agency takes a particular action is not an agency hearing under § 10-202(d) of this subtitle unless the statute or regulation:

(1) expressly requires that the public hearing be held in accordance with this subtitle; or
(2) expressly requires that any judicial review of the agency determination following the public hearing be conducted in accordance with this subtitle.

(d)

(1) Subject to paragraphs (2) and (3) of this subsection, this subtitle does apply to a contested case that arises from a State program administered by the Montgomery County Department of Health and Human Services in the same manner as the subtitle applies to a county health department or local department of social services.
(2) For purposes of this subtitle, the Office of the Attorney General, after consultation with the County Attorney for Montgomery County, shall determine if the Montgomery County Department of Health and Human Services administers a State program.
(3) This subsection is not intended to extend or limit the authority of the Montgomery County Department of Health and Human Services to administer State programs in the manner of a county health department or local department of social services.[42]

#### § 10-204: Political subdivisions and instrumentalities[edit]

Text of § 10-204:

A political subdivision of the State or an instrumentality of a political subdivision is entitled, to the same extent as other legal entities, to be an interested person, party, or petitioner in a matter under this subtitle, including an appeal.[43]

#### § 10-205: Delegation of hearing authority[edit]

Text of § 10-205:

(a)

(1) Except as provided in paragraph (2) of this subsection, a board, commission, or agency head authorized to conduct a contested case hearing shall:

(i) conduct the hearing; or
(ii) delegate the authority to conduct the contested case hearing to:

1\. the Office; or
2\. with the prior written approval of the Chief Administrative Law Judge, a person not employed by the Office.

(2) A hearing held in accordance with § 4-608(f) or § 5-610(f) of the Business Occupations and Professions Article may not be delegated to the Office.

(3) With the written approval of the Chief Administrative Law Judge, a class of contested case hearings may be delegated as provided in paragraph (1)(ii)2 of this subsection.

(4) This subsection is not intended to restrict the right of an individual, expressly authorized by a statute in effect on October 1, 1993, to conduct a contested case hearing.

(b) An agency may delegate to the Office the authority to issue:

(1) proposed or final findings of fact;

(2) proposed or final conclusions of law;

(3) proposed or final findings of fact and conclusions of law;

(4) proposed or final orders or orders under Title 20 of this article; or

(5) the final administrative decision of an agency in a contested case.

(c) Promptly after receipt of a request for a contested case hearing, an agency shall:

(1) notify the parties that the authorized agency head, board, or commission shall conduct the hearing;

(2) transmit the request to the Office so that the Office shall conduct the hearing in accordance with the agency's delegation; or

(3) request written approval from the Chief Administrative Law Judge to appoint a person not employed by the Office to conduct the hearing.

(d)

(1) Except as provided in paragraph (2) of this subsection, an agency's delegation and transmittal of all or part of a contested case to the Office is final.

(2) If an agency has adopted regulations specifying the criteria and procedures for the revocation of a delegation of a contested case, delegation of authority to hear all or part of a contested case may be revoked, by the agency head, board, or commission, in accordance with the agency's regulations, at any time prior to the earlier of:

(i) the issuance of a ruling on a substantive issue; or
(ii) the taking of oral testimony from the first witness.

(e)

(1) The Office shall:

(i) conduct the hearing; and
(ii) except as provided in paragraph (2) of this subsection or as otherwise required by law, within 90 days after the completion of the hearing, complete the procedure authorized in the agency's delegation to the Office.

(2) The time limit specified in paragraph (1)(ii) of this subsection may be extended with the written approval of the Chief Administrative Law Judge.[44]

#### § 10-206: Procedural regulations[edit]

Text of § 10-206:

(a)

(1) The Office shall adopt regulations to govern the procedures and practice in all contested cases delegated to the Office and conducted under this subtitle.
(2) Unless a federal or State law requires that a federal or State procedure shall be observed, the regulations adopted under paragraph (1) of this subsection shall take precedence in the event of a conflict.

(b) Each agency may adopt regulations to govern procedures under this subtitle and practice before the agency in contested cases.

(c) Regulations adopted under this section may include procedures and criteria for requesting and conducting expedited hearings.

(d) Each agency and the Office may adopt regulations that:

(1) provide for prehearing conferences in contested cases; or
(2) set other appropriate prehearing procedures in contested cases.
(e) To assist the public in understanding the procedures followed by an agency or the Office in contested cases, an agency or the Office may develop and distribute supplemental explanatory materials, including the related forms that the agency or Office requires and instructions for completing the forms.[45]

#### § 10-206.1: Legal practice[edit]

Text of § 10-206.1:

(a) An agency may not:

(1) grant the right to practice law to an individual who is not authorized to practice law;
(2) interfere with the right of a lawyer to practice before an agency or the Office; or
(3) prohibit any party from being advised or represented at the party's own expense by an attorney or, if permitted by law, other representative.
(b) Subsection (a) of this section may not be interpreted to require the State to furnish publicly provided legal services in any proceeding under this subtitle.[46]

#### § 10-207: Notice of agency action[edit]

Text of § 10-207:

(a) An agency shall give reasonable notice of the agency's action.

(b) The notice shall:

(1) state concisely and simply:

(i) the facts that are asserted; or
(ii) if the facts cannot be stated in detail when the notice is given, the issues that are involved;
(2) state the pertinent statutory and regulatory sections under which the agency is taking its action;
(3) state the sanction proposed or the potential penalty, if any, as a result of the agency's action;
(4) unless a hearing is automatically scheduled, state that the recipient of notice of an agency's action may have an opportunity to request a hearing, including:

(i) what, if anything, a person must do to receive a hearing; and
(ii) all relevant time requirements; and
(5) state the direct consequences, sanction, potential penalty, if any, or remedy of the recipient's failure to exercise in a timely manner the opportunity for a hearing or to appear for a scheduled hearing.

(c) The notice of agency action under this section may be consolidated with the notice of hearing required under § 10-208 of this subtitle.

(d) For purposes of this section, publication in the Maryland Register does not constitute reasonable notice to a party.[47]

#### § 10-208. Notice of hearing[edit]

Text of § 10-208:

(a) An agency or the Office shall give all parties in a contested case reasonable written notice of the hearing.

(b) The notice shall state:

(1) the date, time, place, and nature of the hearing;
(2) the right to call witnesses and submit documents or other evidence under § 10-213(f) of this subtitle;
(3) any applicable right to request subpoenas for witnesses and evidence and specify the costs, if any, associated with such a request;
(4) that a copy of the hearing procedure is available on request and specify the costs associated with such a request;
(5) any right or restriction pertaining to representation;
(6) that failure to appear for the scheduled hearing may result in an adverse action against the party; and
(7) that, unless otherwise prohibited by law, the parties may agree to the evidence and waive their right to appear at the hearing.

(c) The notice of hearing may be consolidated with the notice of agency action required under § 10-207 of this subtitle.

(d) For purposes of this subtitle, publication in the Maryland Register does not constitute reasonable notice to a party.[48]

#### § 10-209: Notice mailed to address of licensee[edit]

Text of § 10-209:

(a) Where a licensing statute provides for service other than by regular mail, notice under this subtitle may be sent by regular mail to the address of record of a person holding a license issued by the agency if:

(1) the person is required by law to advise the agency of the address; and
(2) the agency has been unsuccessful in giving notice in the manner otherwise provided by the licensing statute.

(b) Upon a showing that the person neither knew nor had reasonable opportunity to know of the fact of service, a person served by regular mail under subsection (a) of this section shall be granted a hearing.

(c) A person holding a license shall be deemed to have had a reasonable opportunity to know of the fact of service if:

(1) the person is required by law to notify the agency of a change of address within a specified period of time;
(2) the person failed to notify the agency in accordance with the law;
(3) the agency or the Office mailed the notice to the address of record; and
(4) the agency did not have actual notice of the change of address prior to service.[49]

#### § 10-210: Dispositions[edit]

Text of § 10-210:

Unless otherwise precluded by law, an agency or the Office may dispose of a contested case by:

(1) stipulation;
(2) settlement;
(3) consent order;
(4) default;
(5) withdrawal;
(6) summary disposition; or
(7) dismissal.[50]

#### § 10-211: Hearings conducted by electronic means[edit]

Text of § 10-211:

(a) In accordance with subsection (b) of this section, a hearing may be conducted by telephone, video conferencing, or other electronic means.

(b)

(1) For good cause, a party may object to the holding of a hearing by telephone, video conferencing, or other electronic means.
(2) If a party establishes good cause in opposition to the holding of a hearing by telephone or other similar audio electronic means, the hearing shall be held in person or by video conferencing or other similar audiovisual electronic means.
(3) If a party establishes good cause in opposition to the holding of a hearing by video conferencing or other similar audiovisual electronic means, the hearing shall be conducted in person.[51]

#### § 10-212: Open hearings[edit]

Text of § 10-212:

(a) Except as otherwise provided by law, a contested case hearing conducted by the Office shall be open to the public.

(b) Hearings conducted by the Office are not subject to Subtitle 5 of this title.[52]

#### § 10-212.1: Interpreters[edit]

Text of § 10-212.1:

(a)

(1) In a contested case, a party or witness may apply to the agency for the appointment of a qualified interpreter to assist that party or witness, if the party or witness is deaf or, because of a hearing impediment, cannot readily understand or communicate the spoken English language.
(2) On application of the party or witness the agency shall appoint a qualified interpreter.
(3) In selecting a qualified interpreter for appointment, the agency may consult the directory of interpreters for manual communication or oral interpretation to assist deaf persons that is maintained by the courts of the State.

(b)

(1) An interpreter appointed under this section shall be allowed the compensation that the agency considers reasonable.
(2) Subject to paragraph (3) of this subsection, the compensation shall be paid by the agency.
(3) If the agency has the authority to tax for services and expenses as a part of the costs of a case, the agency may tax the amount paid to an interpreter as a part of these services and expenses in accordance with the federal Americans with Disabilities Act.[53]

#### § 10-213: Evidence[edit]

Text of § 10-213:

(a)

(1) Each party in a contested case shall offer all of the evidence that the party wishes to have made part of the record.
(2) If the agency has any evidence that the agency wishes to use in adjudicating the contested case, the agency shall make the evidence part of the record.

(b) The presiding officer may admit probative evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs and give probative effect to that evidence.

(c) Evidence may not be excluded solely on the basis that it is hearsay.

(d) The presiding officer may exclude evidence that is:

(1) incompetent;
(2) irrelevant;
(3) immaterial; or
(4) unduly repetitious.

(e) The presiding officer shall apply a privilege that law recognizes.

(f) On a genuine issue in a contested case, each party is entitled to:

(1) call witnesses;
(2) offer evidence, including rebuttal evidence;
(3) cross-examine any witness that another party or the agency calls; and
(4) present summation and argument.

(g) The presiding officer may receive documentary evidence:

(1) in the form of copies or excerpts; or
(2) by incorporation by reference.

(h)

(1) The agency or the Office may take official notice of a fact that is:

(i) judicially noticeable; or
(ii) general, technical, or scientific and within the specialized knowledge of the agency.
(2) Before taking official notice of a fact, the presiding officer:

(i) before or during the hearing, by reference in a preliminary report, or otherwise, shall notify each party; and
(ii) shall give each party an opportunity to contest the fact.
(i) The agency or the Office may use its experience, technical competence, and specialized knowledge in the evaluation of evidence.[54]

#### § 10-214: Consideration of other evidence[edit]

Text of § 10-214:

(a) Findings of fact must be based exclusively on the evidence of record in the contested case proceeding and on matters officially noticed in that proceeding.

(b) In a contested case, the Office is bound by any agency regulation, declaratory ruling, prior adjudication, or other settled, preexisting policy, to the same extent as the agency is or would have been bound if it were hearing the case.[55]

#### § 10-215: Transcription of proceedings; fees[edit]

Text of § 10-215:

(a) Except as provided in subsection (b) of this section, all or part of proceedings in a contested case shall be transcribed if any party:

(1) requests the transcription; and
(2) pays any required costs.

(b) If a petition for judicial review is filed in circuit court by a Maryland Medical Assistance Program recipient, applicant, or authorized representative, the petitioner may not be charged a fee for the costs of:

(1) the transcription; or
(2) the preparation or delivery of the Office record to the circuit court or to a party.[56]

#### § 10-216: Exceptions[edit]

Text of § 10-216:

(a)

(1) In the case of a single decision maker, if the final decision maker in a contested case has not personally presided over the hearing, the final decision may not be made until each party is given notice of the proposed decision in accordance with § 10-220 of this subtitle and an opportunity to:

(i) file exceptions with the agency to the proposed decision; and
(ii) present argument to the final decision maker that the proposed decision should be affirmed, reversed, or remanded.
(2) In the case of a decision-making body, if a majority of the officials who are to make a final decision in a contested case have not personally presided over the hearing, the officials may not make the final decision until each party is given notice of the proposed decision in accordance with § 10-220 of this subtitle and an opportunity to:

(i) file exceptions to the proposed decision with the agency; and
(ii) present argument to a majority of the officials who are to make the final decision.
(3) If a party files exceptions or presents argument under paragraph (1) or (2) of this subsection, the official or officials who are to make the final decision shall:

(i) personally consider each part of the record that a party cites in its exceptions or arguments before making a final decision; and
(ii) except as otherwise provided by law or by agreement of the parties, make the final decision within 90 days after the exceptions are filed or the argument is presented, whichever is later.
(b) The final decision shall identify any changes, modifications, or amendments to the proposed decision and the reasons for the changes, modifications, or amendments.[57]

#### § 10-217: Proof[edit]

Text of § 10-217:

The standard of proof in a contested case shall be the preponderance of evidence unless the standard of clear and convincing evidence is imposed on the agency by regulation, statute, or constitution.[58]

#### § 10-218: Contents of record[edit]

Text of § 10-218:

The presiding officer hearing a contested case shall make a record that includes:

(1) all motions and pleadings;
(2) all documentary evidence that the agency or Office receives;
(3) a statement of each fact of which the agency or Office has taken official notice;
(4) any staff memorandum submitted to an individual who is involved in the decision making process of the contested case by an official or employee of the agency who is not authorized to participate in the decision making process;
(5) each question;
(6) each offer of proof;
(7) each objection and the ruling on the objection;
(8) each finding of fact or conclusion of law proposed by:

(i) a party; or
(ii) the presiding officer;
(9) each exception to a finding or conclusion proposed by a presiding officer; and
(10) each intermediate proposed and final ruling by or for the agency, including each report or opinion issued in connection with the ruling.[59]

#### § 10-219: Ex parte communications[edit]

Text of § 10-219:

(a)

(1) Except as provided in paragraph (2) of this subsection, a presiding officer may not communicate ex parte directly or indirectly regarding the merits of any issue in the case, while the case is pending, with:

(i) any party to the case or the party's representative or attorney; or
(ii) any person who presided at a previous stage of the case.
(2) An agency head, board, or commission presiding over a contested case may communicate with members of an advisory staff of, or any counsel for, the agency, board, or commission who otherwise does not participate in the contested case.

(b) If, before hearing a contested case, a person receives an ex parte communication of a type that would violate subsection (a) of this section if received while conducting a hearing, the person, promptly after commencing the hearing, shall disclose the communication in the manner prescribed in subsection (c) of this section.

(c) An individual who is involved in the decision making process and who is personally aware of an ex parte communication shall:

(1) give notice to all parties;
(2) include in the record of the contested case:

(i) each written communication received;
(ii) a memorandum that states the substance of each oral communication received;
(iii) each written response to a communication; and
(iv) a memorandum that states the substance of each oral response to the communication; and
(3) send to each party a copy of each communication, memorandum, and response.

(d) A party may rebut an ex parte communication if the party requests the opportunity to rebut within 10 days after notice of the communication.

(e)

(1) To eliminate the effect of an ex parte communication that is made in violation of this section, the presiding officer or, if the presiding officer is a multimember body, the individual board or commission member, may:

(i) withdraw from the proceeding; or
(ii) terminate the proceeding without prejudice.
(2) An order to terminate the proceeding without prejudice shall state the last date by which a party may reinstitute the proceeding.[60]

#### § 10-220: Proposed decisions and orders[edit]

Text of § 10-220:

(a) If the Office conducts a hearing under this subtitle, the Office shall prepare proposed findings of fact, conclusions of law, or orders in accordance with the agency's delegation under § 10-205 of this subtitle.

(b) The Office shall send its proposed findings, conclusions, or orders:

(1) to the parties and the agency directly; or
(2) if the agency's delegation under § 10-205 of this subtitle requires, to the agency for distribution by the agency to the parties.

(c)

(1) Within 60 days after receipt of the Office's proposed findings, conclusions, or order under subsection (b)(2) of this section, the agency shall:

(i) review the Office's proposed findings, conclusions, or order;
(ii) issue the proposed decision, which may include the Office's proposed findings, conclusions, or order with or without modification; and
(iii) send the proposed decision and a copy of the Office's proposed findings, conclusions, or order to the parties.
(2) The time limit specified in paragraph (1) of this subsection may be extended by the agency head, board, or commission with written notice to the parties.

(d) A proposed decision or order, including proposed decisions or orders issued for contested case hearings subject to this subtitle but not conducted by the Office, shall:

(1) be in writing or stated on the record;
(2) contain separate findings of fact and conclusions of law;
(3) include an explanation of procedures and time limits for filing exceptions; and
(4) if the Office conducted the hearing and the agency's proposed decision includes any changes, modifications, or amendments to the Office's proposed findings, conclusions, or orders, contain an explanation of the reasons for each change, modification, or amendment.[61]

#### § 10-221: Final decisions and orders[edit]

Text of § 10-221:

(a) A final decision or order in a contested case that is adverse to a party shall be in writing or stated on the record.

(b)

(1) A final decision or order in a contested case, including a remand of a proposed decision, shall contain separate statements of:

(i) the findings of fact;
(ii) the conclusions of law; and
(iii) the order.
(2) A written statement of appeal rights shall be included with the decision.
(3) If the findings of fact are stated in statutory language, the final decision shall state concisely and explicitly the facts that support the findings.
(4) If, in accordance with regulations, a party submitted proposed findings of fact, the final decision shall state a ruling on each proposed finding.

(c) The final decision maker promptly shall deliver or mail a copy of the final decision or order to:

(1) each party; or
(2) the party's attorney of record.[62]

#### § 10-222: Judicial review[edit]

Text of § 10-222:

(a)

(1) Except as provided in subsection (b) of this section, a party who is aggrieved by the final decision in a contested case is entitled to judicial review of the decision as provided in this section.
(2) An agency, including an agency that has delegated a contested case to the Office, is entitled to judicial review of a decision as provided in this section if the agency was a party before the agency or the Office.

(b) Where the presiding officer has final decision-making authority, a person in a contested case who is aggrieved by an interlocutory order is entitled to judicial review if:

(1) the party would qualify under this section for judicial review of any related final decision;
(2) the interlocutory order:

(i) determines rights and liabilities; and
(ii) has immediate legal consequences; and
(3) postponement of judicial review would result in irreparable harm.

(c) Unless otherwise required by statute, a petition for judicial review shall be filed with the circuit court for the county where any party resides or has a principal place of business.

(d)

(1) The court may permit any other interested person to intervene in a proceeding under this section.
(2) If the agency has delegated to the Office the authority to issue the final administrative decision pursuant to § 10-205(a
(3) of this subtitle, and there are 2 or more other parties with adverse interests remaining in the case, the agency may decline to participate in the judicial review. An agency that declines to participate shall inform the court in its initial response.

(e)

(1) The filing of a petition for judicial review does not automatically stay the enforcement of the final decision.
(2) Except as otherwise provided by law, the final decision maker may grant or the reviewing court may order a stay of the enforcement of the final decision on terms that the final decision maker or court considers proper.

(f)

(1) Judicial review of disputed issues of fact shall be confined to the record for judicial review supplemented by additional evidence taken pursuant to this section.
(2) The court may order the presiding officer to take additional evidence on terms that the court considers proper if:

(i) before the hearing date in court, a party applies for leave to offer additional evidence; and
(ii) the court is satisfied that:

1\. the evidence is material; and
2\. there were good reasons for the failure to offer the evidence in the proceeding before the presiding officer.
(3) On the basis of the additional evidence, the final decision maker may modify the findings and decision.
(4) The final decision maker shall file with the reviewing court, as part of the record:

(i) the additional evidence; and
(ii) any modifications of the findings or decision.

(g)

(1) The court shall conduct a proceeding under this section without a jury.
(2) A party may offer testimony on alleged irregularities in procedure before the presiding officer that do not appear on the record.
(3) On request, the court shall:

(i) hear oral argument; and
(ii) receive written briefs.

(h) In a proceeding under this section, the court may:

(1) remand the case for further proceedings;
(2) affirm the final decision; or
(3) reverse or modify the decision if any substantial right of the petitioner may have been prejudiced because a finding, conclusion, or decision:

(i) is unconstitutional;
(ii) exceeds the statutory authority or jurisdiction of the final decision maker;
(iii) results from an unlawful procedure;
(iv) is affected by any other error of law;
(v) is unsupported by competent, material, and substantial evidence in light of the entire record as submitted;
(vi) in a case involving termination of employment or employee discipline, fails to reasonably state the basis for the termination or the nature and extent of the penalty or sanction imposed by the agency; or
(vii) is arbitrary or capricious.
(i) The court or an officer of the court may not charge a fee to an individual petitioning for judicial review to a circuit court from an Office decision in a Medicaid fair hearing contested case proceeding.[63]

#### § 10-222.1: Administrative orders[edit]

Text of § 10-222.1:

(a) A party to a contested case may timely seek civil enforcement of an administrative order by filing a petition for civil enforcement in an appropriate circuit court.

(b) Unless otherwise required by statute, a party shall file a petition for civil enforcement of an administrative order in the circuit court for the county where any party resides or has a principal place of business.

(c) In an action seeking civil enforcement of an administrative order, a party shall name, as a defendant, each alleged violator against whom the party seeks to obtain civil enforcement.

(d) A party may file an action for civil enforcement of an administrative order if another party is in violation of the administrative order.

(e) A party in an action for civil enforcement of an administrative order may request, and a court may grant, one or more of the following forms of relief:

(1) declaratory relief;
(2) temporary or permanent injunctive relief;
(3) a writ of mandamus; or
(4) any other civil remedy provided by law.[64]

#### § 10-223: Appeals to Court of Special Appeals[edit]

Text of § 10-223:

(a) This section does not apply to:

(1) a case that arises under Title 16 of the Transportation Article unless a right to appeal to the Court of Special Appeals is specifically provided; or
(2) a final judgment on actions of the Inmate Grievance Office.

(b)

(1) A party who is aggrieved by a final judgment of a circuit court under this subtitle may appeal to the Court of Special Appeals in the manner that law provides for appeal of civil cases.
(2) An agency that was a party in the circuit court may appeal under paragraph (1) of this subsection.[65]

#### § 10-224: Litigation expenses for small businesses and nonprofit organizations[edit]

Text of § 10-224:

(a)

(1) In this section the following words have the meanings indicated.
(2) "Business" means a trade, professional activity, or other business that is conducted for profit.
(3) "Nonprofit organization" means an organization that is exempt or eligible for exemption from taxation under § 501(c)(3) of the Internal Revenue Code.

(b) This section applies only to:

(1) an agency operating statewide;
(2) a business that, on the date when the contested case or civil action is initiated:

(i) is independently owned and operated; and
(ii) has less than 50 employees, including, if a corporation owns 50% or more of the stock of the business, each employee of the corporation; and
(3) a nonprofit organization.

(c) Subject to the limitations in this section, an agency or court may award to a business or nonprofit organization reimbursement for expenses that the business or nonprofit organization reasonably incurs in connection with a contested case or civil action that:

(1) is initiated against the business or nonprofit organization by an agency as part of an administrative or regulatory function;
(2) is initiated without substantial justification or in bad faith; and
(3) does not result in:

(i) an adjudication, stipulation, or acceptance of liability of the business or nonprofit organization;
(ii) a determination of noncompliance, violation, infringement, deficiency, or breach on the part of the business or nonprofit organization; or
(iii) a settlement agreement under which the business or nonprofit organization agrees to take corrective action or to pay a monetary sum.

(d)

(1) To qualify for an award under this section when the agency has initiated a contested case, the business or nonprofit organization must make a claim to the agency before taking any appeal.
(2) The agency shall act on the claim.

(e)

(1) An award under this section may include:

(i) the expenses incurred in the contested case;
(ii) court costs;
(iii) counsel fees; and
(iv) the fees of necessary witnesses.
(2) An award under this section may not exceed $ 10,000.
(3) The court may reduce or deny an award to the extent that the conduct of the business or nonprofit organization during the proceedings unreasonably delayed the resolution of the matter in controversy.

(f) An award under this section shall be paid as provided in the State budget.

(g)

(1) If the agency denies an award under this section, the business or nonprofit organization may appeal, as provided in this subtitle.
(2) An agency may appeal an award that a court makes under this section.[66]

#### § 10-225: Suspension of provisions[edit]

Text of § 10-225:

(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 or of Title 9, Subtitle 16 of this article, the Governor by executive order may suspend the applicability of part or all of this subtitle or of Title 9, Subtitle 16 of this article 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)(2)(iii) of this article.[67]

#### § 10-226. Licenses -- Special provisions[edit]

Text of § 10-226:

(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.
(3) "Unit" means an officer or unit that is authorized by law to:

(i) adopt regulations subject to Subtitle 1 of this title; or
(ii) adjudicate contested cases under this subtitle.

(b) If, at least 2 calendar weeks before a license expires, the licensee makes sufficient application for renewal of the license, the license does not expire until:

(1) the unit takes final action on the application; and
(2) either:

(i) the time for seeking judicial review of the action expires; or
(ii) any judicial stay of the unit's final action expires.

(c)

(1) Except as provided in paragraph (2) of this subsection, a unit may not revoke or suspend a license unless the unit first gives the licensee:

(i) written notice of the facts that warrant suspension or revocation; and
(ii) an opportunity to be heard.
(2) A unit may order summarily the suspension of a license if the unit:

(i) finds that the public health, safety, or welfare imperatively requires emergency action; and
(ii) promptly gives the licensee:

1\. written notice of the suspension, the finding, and the reasons that support the finding; and
2\. an opportunity to be heard.[68]

## Subtitle 3: Administrative Procedure Act, declaratory rulings[edit]

#### § 10-301: "Unit" defined[edit]

Text of § 10-301:

In this subtitle, "unit" means an officer or unit that is authorized by law to:

(1) adopt regulations subject to Subtitle 1 of this title; or
(2) adjudicate contested cases subject to Subtitle 2 of this title.[69]

#### § 10-302: Scope of subtitle[edit]

Text of § 10-302:

(a) General exclusions. -- This subtitle does not apply to:

(1) the Governor;
(2) the Department of Assessments and Taxation;
(3) the Board of Appeals of the Department of Labor, Licensing, and Regulation;
(4) the Insurance Administration;
(5) the Maryland Parole Commission of the Department of Public Safety and Correctional Services;
(6) the Public Service Commission;
(7) the Maryland Tax Court; or
(8) the State Workers' Compensation Commission.
(b) Maryland Automobile Insurance Fund. -- If the Insurance Commissioner states in writing that, as to a particular matter, the Maryland Automobile Insurance Fund need not comply with this subtitle, this subtitle does not apply to the Fund with respect to that matter.[70]

#### § 10-303: Political subdivisions and instrumentalities[edit]

Text of § 10-303:

A political subdivision of the State or an instrumentality of a political subdivision is entitled, to the same extent as other legal entities, to be an interested person, party, or petitioner in a matter under this subtitle, including an appeal.[71]

#### § 10-304: Petition for ruling[edit]

Text of § 10-304:

(a) Authorized. -- An interested person may submit to a unit a petition for a declaratory ruling with respect to the manner in which the unit would apply a regulation or order of the unit or a statute that the unit enforces to a person or property on the facts set forth in the petition.

(b) Regulations. -- Each unit shall adopt regulations that set:

(1) the form for a petition under this section; and
(2) procedures for the submission, consideration, and disposition of the petition.[72]

#### § 10-305: Ruling[edit]

Text of § 10-305:

(a) Authorized. -- A unit may issue a declaratory ruling.

(b) Effect. -- A declaratory ruling binds the unit and the petitioner on the facts set forth in the petition.

(c) Appeal. -- A declaratory ruling under this section is subject to review in a circuit court in the manner that Subtitle 2 of this title provides for the review of a contested case.[73]

## See also[edit]

* Administrative Procedure Act
* Rulemaking
* Adjudication
* Judicial review

## External links[edit]

* Search Google News for this topic
* Full text of the Maryland Administrative Procedure Act

## Footnotes[edit]

1. ↑ JUSTIA , "2021 Maryland Code, State Government, Title 10 - Governmental Procedures," accessed May 22, 2023
2. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part I - Definitions; General Provisions § 10-101. Definitions," accessed May 22, 2023
3. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part I - Definitions; General Provisions § 10-102. Scope of subtitle," accessed May 22, 2023
4. ↑ JUSTIA, "2017 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part II - Citation of Statutory Authority; Submission to Attorney General § 10-105. Scope of part," accessed November 20, 2018
5. ↑ JUSTIA, "2017 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part II - Citation of Statutory Authority; Submission to Attorney General § 10-106. Citation of statutory authority," accessed November 20, 2018
6. ↑ JUSTIA, "2017 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part II - Citation of Statutory Authority; Submission to Attorney General § 10-107. Unit counsel defined; submission to Attorney General or unit counsel.," accessed November 20, 2018
7. ↑ JUSTIA, "2017 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part II - Citation of Statutory Authority; Submission to Attorney General § 10-108. Use of "African American" preferred," accessed November 20, 2018
8. ↑ JUSTIA, "2017 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part III - Proposal and Adoption § 10-109. Scope of part," accessed November 20, 2018
9. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part III - Proposal and Adoption§ 10-110. Preliminary review," accessed May 22, 2023
10. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part III - Proposal and Adoption § 10-111. Time limitations; public hearings," accessed May 11, 2023
11. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part III - Proposal and Adoption § 10-111.1. Opposition to adoption," accessed May 11, 2023
12. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part III - Proposal and Adoption § 10-111.2. Proposed and emergency regulations -- Posting and notice.," accessed May 22, 2023
13. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part III - Proposal and Adoption § 10-112. Procedures for publication," accessed May 22, 2023
14. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part III - Proposal and Adoption § 10-112.1. Publication time requirements for regulations.," accessed May 22, 2023
15. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part III - Proposal and Adoption § 10-113. Changes in proposed regulations.," accessed May 22, 2023
16. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part III - Proposal and Adoption § 10-114. Notice of adoption," accessed May 22, 2023
17. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part III - Proposal and Adoption § 10-115. Reprints," accessed May 22, 2023
18. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part III - Proposal and Adoption § 10-116. Withdrawal of proposed regulation," accessed May 22, 2023
19. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part III - Proposal and Adoption § 10-117. Effective date of regulations," accessed May 22, 2023
20. ↑ JUSTIA, "2017 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part III - Proposal and Adoption § 10-118. Committee powers over emergency or proposed regulations or portion thereof.," accessed November 20, 2018
21. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part IV - Limited Provisions § 10-120. Scope of part," accessed May 22, 2023
22. ↑ JUSTIA, "2017 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part IV - Limited Provisions § 10-121. Political subdivisions and instrumentalities," accessed November 20, 2018
23. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part IV - Limited Provisions § 10-122. Procedural regulations," accessed May 22, 2023
24. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part IV - Limited Provisions § 10-123. Petition for adoption of regulation," accessed May 22, 2023
25. ↑ JUSTIA, "2017 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part IV - Limited Provisions § 10-124. Evaluation of impact," accessed November 20, 2018
26. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part IV - Limited Provisions § 10-125. Declaratory judgment," accessed May 22, 2023
27. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part V - Invalid Provisions § 10-128. Severability," accessed May 22, 2023
28. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part V - Invalid Provisions § 10-129. Publications of notices," accessed May 22, 2023
29. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part VI - Regulatory Review and Evaluation Act § 10-130. Definitions," accessed May 22, 2023
30. ↑ JUSTIA, "2017 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part VI - Regulatory Review and Evaluation Act § 10-131. Applicability of part," accessed November 20, 2018
31. ↑ JUSTIA, "2017 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part VI - Regulatory Review and Evaluation Act § 10-132. Purposes of part," accessed November 20, 2018
32. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part VI - Regulatory Review and Evaluation Act § 10-132.1. Schedule of regulations to be reviewed," accessed May 22, 2023
33. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part VI - Regulatory Review and Evaluation Act § 10-133. Executive order for review and evaluation of regulations," accessed May 22, 2023
34. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part VI - Regulatory Review and Evaluation Act § 10-134. Work plan," accessed May 22, 2023
35. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part VI - Regulatory Review and Evaluation Act § 10-135. Evaluation report," accessed May 22, 2023
36. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part VI - Regulatory Review and Evaluation Act § 10-136. Disagreement with recommendations; required action by Governor," accessed May 22, 2023
37. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part VI - Regulatory Review and Evaluation Act § 10-137. Resolution of disagreement," accessed May 22, 2023
38. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part VI - Regulatory Review and Evaluation Act § 10-138. Proposed amendments or repeal of regulations," accessed May 22, 2023
39. ↑ JUSTIA, "2017 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 1 - Administrative Procedure Act -- Regulations, Part VI - Regulatory Review and Evaluation Act § 10-139. Citation of part," accessed November 20, 2018
40. ↑ JUSTIA, "2017 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 2 - Administrative Procedure Act -- Contested Cases § 10-201. Declaration of policy," accessed November 20, 2018
41. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 2 - Administrative Procedure Act -- Contested Cases § 10-202. Definitions," accessed May 22, 2023
42. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 2 - Administrative Procedure Act -- Contested Cases § 10-203. Scope of subtitle," accessed May 22, 2023
43. ↑ JUSTIA, "2017 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 2 - Administrative Procedure Act -- Contested Cases § 10-204. Political subdivisions and instrumentalities," accessed November 20, 2018
44. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 2 - Administrative Procedure Act -- Contested Cases § 10-205. Delegation of hearing authority," accessed May 22, 2023
45. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 2 - Administrative Procedure Act -- Contested Cases § 10-206. Procedural regulations," accessed May 22, 2023
46. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 2 - Administrative Procedure Act -- Contested Cases § 10-206.1. Legal practice," accessed May 22, 2023
47. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 2 - Administrative Procedure Act -- Contested Cases § 10-207. Notice of agency action," accessed May 22, 2023
48. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 2 - Administrative Procedure Act -- Contested Cases § 10-208. Notice of hearing," accessed May 22, 2023
49. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 2 - Administrative Procedure Act -- Contested Cases § 10-209. Notice mailed to address of licensee," accessed May 22, 2023
50. ↑ JUSTIA, "2017 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 2 - Administrative Procedure Act -- Contested Cases § 10-210. Dispositions," accessed November 20, 2018
51. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 2 - Administrative Procedure Act -- Contested Cases § 10-211. Hearings conducted by electronic means," accessed May 22, 2023
52. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 2 - Administrative Procedure Act -- Contested Cases § 10-212. Open hearings," accessed May 22, 2023
53. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 2 - Administrative Procedure Act -- Contested Cases § 10-212.1. Interpreters," accessed May 22, 2023
54. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 2 - Administrative Procedure Act -- Contested Cases § 10-213. Evidence," accessed May 22, 2023
55. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 2 - Administrative Procedure Act -- Contested Cases § 10-214. Consideration of other evidence," accessed May 22, 2023
56. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 2 - Administrative Procedure Act -- Contested Cases § 10-215. Transcription of proceedings; fees (Amendment effective January 1, 2018.)," accessed May 22, 2023
57. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 2 - Administrative Procedure Act -- Contested Cases § 10-216. Exceptions," accessed May 22, 2023
58. ↑ JUSTIA, "2017 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 2 - Administrative Procedure Act -- Contested Cases § 10-217. Proof," accessed November 21, 2018
59. ↑ JUSTIA, "2017 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 2 - Administrative Procedure Act -- Contested Cases § 10-218. Contents of record," accessed November 21, 2018
60. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 2 - Administrative Procedure Act -- Contested Cases § 10-219. Ex parte communications," accessed May 22, 2023
61. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 2 - Administrative Procedure Act -- Contested Cases § 10-220. Proposed decisions and orders," accessed May 22, 2023
62. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 2 - Administrative Procedure Act -- Contested Cases § 10-221. Final decisions and orders," accessed May 22, 2023
63. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 2 - Administrative Procedure Act -- Contested Cases § 10-222. Judicial review (Amendment effective January 1, 2018.)," accessed May 22, 2023
64. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 2 - Administrative Procedure Act -- Contested Cases § 10-222.1. Administrative orders," accessed May 22, 2023
65. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 2 - Administrative Procedure Act -- Contested Cases § 10-223. Appeals to Court of Special Appeals," accessed May 22, 2023
66. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 2 - Administrative Procedure Act -- Contested Cases § 10-224. Litigation expenses for small businesses and nonprofit organizations," accessed May 22, 2023
67. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 2 - Administrative Procedure Act -- Contested Cases § 10-225. Suspension of provisions," accessed May 22, 2023
68. ↑ JUSTIA, "2021 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 2 - Administrative Procedure Act -- Contested Cases § 10-226. Licenses -- Special provisions," accessed May 22, 2023
69. ↑ JUSTIA, "2017 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 3 - Administrative Procedure Act -- Declaratory Rulings § 10-301. "Unit" defined," accessed November 21, 2018
70. ↑ JUSTIA, "2017 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 3 - Administrative Procedure Act -- Declaratory Rulings § 10-302. Scope of subtitle," accessed November 21, 2018
71. ↑ JUSTIA, "2017 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 3 - Administrative Procedure Act -- Declaratory Rulings § 10-303. Political subdivisions and instrumentalities," accessed November 21, 2018
72. ↑ JUSTIA, "2017 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 3 - Administrative Procedure Act -- Declaratory Rulings § 10-304. Petition for ruling," accessed November 21, 2018
73. ↑ JUSTIA, "2017 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 3 - Administrative Procedure Act -- Declaratory Rulings § 10-305. Ruling," accessed November 21, 2018

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Bibliography|

* "Administrative Law - The 20th Century Bequeaths an 'Illegitimate Exotic' in Full and Terrifying Flower" by Stephen P. Dresch (2000)
* "Confronting the Administrative Threat" by Philip Hamburger and Tony Mills (2017)
* "Constitutionalism after the New Deal" by Cass R. Sunstein (1987)
* Federalist No. 23 by Alexander Hamilton (1787)
* "From Administrative State to Constitutional Government" by Joseph Postell (2012)
* "Interring the Nondelegation Doctrine" by Eric A. Posner and Adrian Vermeule (2002)
* "Rulemaking as Legislating" by Kathryn Watts (2015)
* "The Checks & Balances of the Regulatory State" by Paul R. Verkuil (2016)
* "The Myth of the Nondelegation Doctrine" by Keith E. Whittington and Jason Iuliano (2017)
* "The Progressive Origins of the Administrative State: Wilson, Goodnow, and Landis" by Ronald J. Pestritto (2007)
* "The Rise and Rise of the Administrative State" by Gary Lawson (1994)
* "The Study of Administration" by Woodrow Wilson (1887)
* "The Threat to Liberty" by Steven F. Hayward (2017)
* "Why the Modern Administrative State Is Inconsistent with the Rule of Law" by Richard A. Epstein (2008)

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