§ 10-111.1. Opposition to adoption

   (a) In general. --

   (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) Factors considered. -- 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) Notice to Governor and promulgating unit. --

   (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) Approval of Governor. -- 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.

HISTORY: 1985, ch. 783, § 3.