Unannotated Code of Maryland (Last Updated: May 16, 2014) |
STATE GOVERNMENT |
TITLE 10. GOVERNMENTAL PROCEDURES |
SUBTITLE 1. ADMINISTRATIVE PROCEDURE ACT -- REGULATIONS |
PART I. DEFINITIONS; GENERAL PROVISIONS |
§ 10-101. Definitions
Latest version.
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(a) In general. -- In this subtitle the following words have the meanings indicated.
(b) Administrator. -- "Administrator" means the Administrator of the Division of State Documents.
(c) Committee. -- "Committee" means the Joint Committee on Administrative, Executive, and Legislative Review.
(d) Local government unit. -- "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. -- "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. -- "Register" means the Maryland Register.
(g) Regulation. --
(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) Substantively. -- "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.
(i) Unit. -- "Unit" means an officer or unit authorized by law to adopt regulations.
HISTORY: An. Code 1957, art. 41, § 244, 256B; 1984, ch. 284, § 1; 1985, ch. 783, § 1; 1986, ch. 654; 1987, ch. 641; 1995, ch. 388; 1997, ch. 334; 2009, ch. 60, § 5; 2012, ch. 201.