Unannotated Code of Maryland (Last Updated: May 16, 2014) |
STATE GOVERNMENT |
TITLE 10. GOVERNMENTAL PROCEDURES |
SUBTITLE 1. ADMINISTRATIVE PROCEDURE ACT -- REGULATIONS |
PART VI. REGULATORY REVIEW AND EVALUATION ACT |
§ 10-135. Evaluation report
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(a) Preparation; contents. --
(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 website or on a statewide website 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) Copies; public hearings. --
(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) Committee review. --
(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) Committee comments and recommendations. --
(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 subsection (d) (2) of this section, the evaluation report is deemed approved.
HISTORY: 1985, ch. 727; 1986, ch. 5, § 1; 1987, ch. 11, § 1; 1994, ch. 215; 1996, ch. 10, § 16, 21; 2001, ch. 380; 2002, ch. 19, § 1.