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10.01.07.00.htm 10.01.07.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 01 PROCEDURES Chapter 07 Petitions for Adoption, Amendment, or Repeal of Regulations Authority: State Government Article, §10-123; Health-General Article, §2-104; Annotated Code of Maryland
10.01.07.01.htm 10.01.07.01. 01 Definitions.. A. In this chapter, the following words have the meanings indicated.. B. Terms Defined.. 1) "Department" means the Department of Health and Mental Hygiene.. 2) "Petition" means a petition to promulgate, amend, or repeal a regulation.. 3) "Regulation" has the same meaning as stated in State Government Article, §10-101(e) Annotated Code of Maryland.4) "Secretary" means the Secretary of Health and Mental Hygiene..
10.01.07.02.htm 10.01.07.02. 02 Scope.. This chapter applies to all petitions submitted to the Department to promulgate, amend, or repeal a regulation over which the Secretary has rulemaking authority.
10.01.07.03.htm 10.01.07.03. 03 Who May File.. Any interested person may file a petition requesting the promulgation, amendment, or repeal of any regulation over which the Secretary has rulemaking authority.
10.01.07.04.htm 10.01.07.04. 04 Form.. A petition may be in any written form chosen by the petitioner, and shall include:. A. A detailed description of the regulation which the petitioner requests the Department to promulgate, amend, or repeal;B. A statement in support of the petition; and. C. The name, address, and telephone number of the petitioner..
10.01.07.05.htm 10.01.07.05. 05 Submission.. The petition should be addressed to the Regulations Coordinator, Herbert R. O'Conor Building, 201 West Preston Street, Baltimore, Maryland 21201. Petitions will be considered submitted upon receipt in the office of the Regulations Coordinator.
10.01.07.06.htm 10.01.07.06. 06 Disposition.. Within 60 days after receipt of a petition, the Secretary shall either deny the petition, stating in writing the reasons for denial, or initiate rulemaking proceedings.
10.01.07.07.htm 10.01.07.07. 07 Reasons for Denial of a Petition.. The Secretary may deny a petition to promulgate, amend, or repeal a regulation, for any reason permitted by law, including, but not limited to:A. That the Secretary does not have the authority to grant the petition;. B. That the Department does not have adequate information or resources to evaluate the petition;. C. That the Department does not have adequate resources to implement the requested regulation if it D. That the Secretary pre
10.01.07.08.htm 10.01.07.08. 08 Rulemaking Proceedings.. A. Rulemaking proceedings may include any type of action which the Secretary is authorized or required by law to take when promulgating, amending, or repealing regulations, including:1) Studies to gather information concerning the regulation;. 2) Advance notice of proposed rulemaking if the Secretary determines that additional information or public comment is necessary or desirable before a proposed regulation can be formulated;3) Referral to advisory c
10.01.07.09.htm 10.01.07.09. 09 Notice to the Petitioner and Other Persons.. The Secretary shall send written notice to the petitioner and any other person requesting notification as follows:A. If the petition is denied, the Secretary shall send written notice of the denial, including the reasons for the denial, within 60 days of receipt of the petition.B. When the regulation appears in the Maryland Register, the Secretary shall send notice of this event at the time of the appearance in the Maryland Register.
10.01.07.10.htm 10.01.07.10. 10 Files of Petitions for Regulations.. The Department shall maintain a file of all petitions submitted and their disposition. This file shall be available for public inspection as provided in State Government Article, §10-611―10-630, Annotated Code of Maryland.
10.01.07.9999.htm 10.01.07.9999. Administrative History Effective date: November 9, 1981 (8:22 Md. R. 1784). Regulation .01B amended effective January 23, 1989 (16:1 Md. R. 69). Regulation .02 amended effective January 23, 1989 (16:1 Md. R. 69). Regulation .04 amended effective December 20, 1993 (20:25 Md. R. 1946). Regulation .05 amended effective January 23, 1989 (16:1 Md. R. 69). Regulation .06 amended effective January 23, 1989 (16:1 Md. R. 69) December 20, 1993 (20:25 Md. R. 1946)
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