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15.01.13.00.htm 15.01.13.00. Title 15 DEPARTMENT OF AGRICULTURE Subtitle 01 OFFICE OF THE SECRETARY Chapter 13 Supervision and Review of Decisions and Actions of Units Within the Department Authority: State Government Article, §8-205.1, Annotated Code of Maryland
15.01.13.01.htm 15.01.13.01. 01 Purpose.. A. This chapter is adopted in response to the U.S. Supreme Court’s decision in North Carolina Board of Dental Examiners v. Federal Trade Commission.B. The purpose of this chapter is to provide for active supervision of certain units within the Department to:1) Prevent unreasonable anticompetitive actions; and. 2) Ensure that anticompetitive actions are consistent with affirmatively expressed and clearly articulated State policies to displace competition.
15.01.13.02.htm 15.01.13.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “Department” means the Maryland Department of Agriculture.. 2) “Secretary” means the Secretary of Agriculture.. 3) “Secretary’s designee” means the Assistant Secretary who is responsible for actively supervising a unit’s operation.4) “Unit” means a regulatory board or commission composed in whole or in part of individuals participating in the occupation
15.01.13.03.htm 15.01.13.03. 03 Secretary’s Supervision Responsibilities.. A. The Secretary is responsible for supervising each unit within the Department that is composed in whole or in part of individuals participating in the occupation or profession regulated by the unit to:1) Prevent unreasonable anticompetitive actions by the unit; and. 2) Determine whether the decisions and actions of the unit with anticompetitive effect further an affirmatively expressed and clearly articulated Stat
15.01.13.04.htm 15.01.13.04. 04 Secretary’s Designee Responsibilities.. A. Each Assistant Secretary at the Department is designated as responsible for supervising each unit in the Assistant Secretary’s section that is composed in whole or in part of individuals participating in the occupation or profession regulated by the unit to:1) Prevent unreasonable anticompetitive actions by the unit; and. 2) Determine whether an anticompetitive decision or action of the unit furthers a clearly articulate
15.01.13.05.htm 15.01.13.05. 05 Unit’s Responsibilities.. A. Upon notice to the unit by the Secretary or the Secretary’s designee as provided in Regulation .04C of this chapter, a unit may not make any decision or take any action on any proposal.B. A decision or action of a unit may not constitute a final decision or action of the unit until after the Secretary or the Secretary’s designee has conducted the review required under Regulation .04C of this chapter.C. The final decision or action of a unit shall co
15.01.13.9999.htm 15.01.13.9999. Administrative History Effective date: June 4, 2018 (45:11 Md. R. 579).
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