§ 21-243. Orders after rule or regulation protest hearings

   (a) Order after hearing. --

   (1) As soon as practicable after a hearing on a protest to a rule or regulation under § 21-242 of this subtitle, the Secretary shall:

      (i) Act on the protest by issuing an order; and

      (ii) Send a copy of the order to each protester by certified mail, return receipt requested, bearing a postmark from the United States Postal Service.

   (2) Each order issued under this section shall be based on substantial evidence in the record of the hearing.

(b) Effect of order. -- An order issued by the Secretary under this section may:

   (1) Reinstate, rescind, or modify a State adopted federal rule or regulation as a rule or regulation of this State; or

   (2) As to any other rule or regulation proposed under this subtitle:

      (i) Withdraw the proposal;

      (ii) Modify the proposal and set an effective date for the modified proposal that is at least 60 days after publication of the order; or

      (iii) Set a new effective date for the original proposal that is at least 60 days after publication of the order.

HISTORY: An. Code 1957, art. 43, § 191B; 1982, ch. 240, § 2; 1983, ch. 563; 1987, ch. 306, § 2, 15; 1988, ch. 6, § 11.