§ 2-303. Air quality rules and regulations -- Procedures for adoption  


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  •    (a) Compliance with Administrative Procedure Act. -- The Department may not adopt any rule or regulation under this title unless the requirements of this section and the Administrative Procedure Act are met.

    (b) Public hearing. -- Before adopting any rule or regulation under this title, the Department shall announce and hold a public hearing on the subject.

    (c) Notice. --

       (1) Until October 1, 2014, at least 30 days before the public hearing, the Department shall publish notice of the hearing in a newspaper of general circulation in the area concerned.

       (2) The notice required under paragraph (1) of this subsection shall state:

          (i) The date, time, and place of the hearing;

          (ii) The purpose of the hearing;

          (iii) That, beginning on October 1, 2014, all future notices required under this title will be posted on the Department's Web site; and

          (iv) A phone number or electronic mail address at the Department that a person can contact to arrange for the receipt of future public notices required under this title by first-class mail or electronic mail.

       (3) Beginning on October 1, 2014, at least 30 days before the public hearing, the Department shall publish notice of the hearing in a newspaper of general circulation in the area concerned or on the Department's Web site.

       (4) The notice required under paragraph (3) of this subsection shall state:

          (i) The date, time, and place of the hearing; and

          (ii) The purpose of the hearing.

    (d) Publication of public notices; contact information. -- Beginning on October 1, 2014, the Department shall publish annually a notice in a newspaper of general circulation to inform the public of:

       (1) The types of public notices required under this title that are available on the Department's Web site; and

       (2) A phone number or electronic mail address at the Department that a person can contact to arrange for the receipt of future public notices required under this title by first-class mail or electronic mail.

    (e) Action after hearing. -- After the public hearing, the Department may adopt the rule or regulation with or without modification.


HISTORY: An. Code 1957, art. 43, § 697, 700; 1982, ch. 240, § 2; 1991, ch. 13; 2013, ch. 12.