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26.01.03.00.htm 26.01.03.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 01 GENERAL PROVISIONS Chapter 03 Petitions for Adoption, Amendment, or Repeal of Regulations Authority: State Government Article, §10-123, Annotated Code of Maryland
26.01.03.01.htm 26.01.03.01. 01 Definitions.. A. In this chapter, the following words have the meanings indicated.. B. Terms Defined.. 1) "Department" means the Department of the Environment.. 2) "Petition" means a petition to promulgate, amend, or repeal a regulation.. 3) "Regulation" is defined in State Government Article, §10-101(e) Annotated Code of Maryland.. 4) "Secretary" means the Secretary of the Environment..
26.01.03.02.htm 26.01.03.02. 02 Scope of this Chapter.. This chapter applies to all petitions submitted to the Department to promulgate, amend, or repeal a regulation over which the Secretary has rulemaking authority.
26.01.03.03.htm 26.01.03.03. 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.
26.01.03.04.htm 26.01.03.04. 04 Form.. The petition may be in the form of a letter or any other written form desired by the petitioner. It shall include a detailed description of the new, amended, or existing regulation which the petitioner seeks to have the Department promulgate, amend, or repeal. A statement of reasons and other information in support of the petition shall be included in or accompany the petition. The name, address, and telephone number of the petitioner shall be included in the petition.
26.01.03.05.htm 26.01.03.05. 05 Submission.. The petition should be addressed to the Regulations Coordinator, Department of the Environment, 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.
26.01.03.06.htm 26.01.03.06. 06 Disposition.. Within 60 days after receipt of the petition, the Secretary will either deny the petition (stating the reasons for denial) or initiate rulemaking proceedings.
26.01.03.07.htm 26.01.03.07. 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
26.01.03.08.htm 26.01.03.08. 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) Conducting studies (either before or after proposal of the regulation in the Maryland Register) to gather information in support of the regulation;2) Advance notice of proposed rulemaking if the Secretary determines that additional information or public comment is necessa
26.01.03.09.htm 26.01.03.09. 09 Notice to the Petitioner and Other Persons.. The Secretary will send written notices to the petitioner and any other person requesting notification in accordance with this section, as follows:A. If the petition is denied, notice of the denial (including the reasons for the denial) will be sent within 60 days of receipt of the petition.B. When the requested (or modified) regulation appears in the Maryland Register, notice of this event will be sent at the tim
26.01.03.10.htm 26.01.03.10. 10 Files of Petitions for Regulations.. A file will be maintained by the Department of all petitions submitted and their disposition. This file will be available for public inspection as provided in State Government Article, Title 10, Subtitle 6, Part III, Annotated Code of Maryland.
26.01.03.9999.htm 26.01.03.9999. Administrative History Effective date: November 9, 1981 (8:22 Md. R. 1784). Chapter recodified from COMAR 10.01.07 to COMAR 26.01.03.
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