01.01.2003.20

EXECUTIVE ORDER 01.01.2003.20 Implementation of the Regulatory Review and Evaluation Act [Rescinded COMAR 01.01.1986.01, 01.01.1991.06, and 01.01.1996.04]

A. Purpose.

(1) This Executive Order implements the Regulatory Review and Evaluation Act (the Act) and is issued pursuant to State Government Article, Section 10-133, Annotated Code of Maryland.

(2) The Act requires each unit in the Executive Branch of State government that is authorized by law to adopt regulations to: (a) propose a schedule for review of existing regulations; (b) unless exempt, review its existing regulations in accordance with criteria set forth in the Act; and (c) submit a report to the Administrative, Executive, and Legislative Review (AELR) Committee of the Maryland General Assembly.

B. Work Plan.

(1) The first step in the review process is the development by each unit of a work plan that will describe the regulatory review process to be followed for each set of regulations to be reviewed. The work plan shall be developed and submitted in accordance with State Government Article, Section 10-134.

(2) The work plan shall be submitted to the AELR Committee and the Governor well in advance of the evaluation report due date, but not later than one year before the evaluation report. The Division of State Documents shall receive and maintain the work plan on behalf of the Governor.

(3) The work plan should be appropriate for the regulations to be reviewed in accordance with the evaluation criteria as discussed in Section E of this Executive Order. Adequate resources should be devoted to the review considering the length, complexity, technical aspects, and importance of the regulations. The contents of the work plan shall be as specified in the State Government Article, Section 10-134(b).

C. Evaluation Schedule.

(1) The evaluation report review schedule adopted under Executive Order 01.01.1996.04 remains in effect for evaluation reports due through July 1, 2003. As of August 2003, evaluations are due as shown in Attachment A of this Executive Order.

(2) The deadline set forth in Attachment A may be altered by applying, in writing, to the Governor before the due date, citing justification for the alteration and suggesting a date by which the unit will submit the evaluation report. If approved, the unit shall publish notice of the new due date in the Maryland Register. A request for a deadline alteration under this section shall be filed with the Division of State Documents, which shall advise the Governor as to whether to approve or deny the deadline alteration request. The Governor shall approve or deny the deadline alteration request.

(3) Regulatory review is an on-going process and shall continue for subsequent eight year periods beginning July 1, 2011. The schedule in Attachment A will apply, commencing July 2012, unless the schedule is revised by subsequent executive order. Adjustments to the schedule granted under Subsection C (2), above, do not change the deadlines for subsequent eight year periods.

D. Certificate of Exemption and Written Justification.

(1) Under State Government Article, Section 10-132.1(b), at the time a unit's regulations are scheduled for review, an adopting authority may certify to the AELR Committee and to the Governor that the review of certain regulations would not be effective or cost- effective because the regulations were adopted to implement a federally mandated or federally approved program, or initially adopted or comprehensively amended during the preceding eight years.

(2) The adopting authority claiming exemption shall provide the Governor and the AELR Committee with written justification for a certificate of exemption.

(3) A certificate of exemption and written justification required to be filed with the Governor shall be filed with the Division of State Documents, which shall receive them and maintain them for the Governor.

E. Evaluation Report.

(1) The evaluation report shall be developed in accordance with State Government Article, Section 10-135(a).

(2) In addition to the criteria for review under State Government Article, Sections 10-132(1)(i) and 10-135(a)(2), a unit should consider whether its regulations are effective in accomplishing the intended purpose of the regulations.

(3) Units are also encouraged to study existing policy statements, guidelines, or standards being applied or enforced by the unit which have not been promulgated as regulations, but which fall under the definition of regulation found in State Government Article, Section 10-101, and which should be promulgated as regulations under the Administrative Procedure Act. Additionally, units should determine whether all regulations required by recently enacted legislation have been promulgated. The results of this study may appear in the unit's evaluation report.

(4) The evaluation report shall contain the items required by State Government Article, Section 10-135(a)(2), and also shall include the dates each chapter of regulations reviewed was originally adopted or last amended.

(5) In accordance with State Government Article, Section 7-212, a unit proposing in its evaluation report to reorganize its regulations shall submit the reorganization scheme to the Division of State Documents for approval before submission of the evaluation report.

(6) In addition to the distribution of the evaluation report required by State Government Article, Section 10-135(b), the unit shall also provide a copy to the Governor and to the Division of State Documents.

(7) The evaluation report shall be in a format specified by the Division of State Documents.

F. Disputes.

(1) When an unresolved disagreement between a unit and the AELR Committee is referred to the Governor under State Government Article, Section 10-136, the unit shall submit to the Governor the documentation required by State Government Article, Section 10-136(a).

(2) If the Governor instructs a unit to modify an evaluation report under State Government Article, Section 10-136(a)(2)(ii), the unit shall prepare a revised evaluation report, in accordance with the Governor's instructions, for submission to both the AELR Committee and the Governor. The unit shall publish notice of the revised report in the Maryland Register.

Effective date: August 18, 2003 (30:19 Md. R. 1295)

ATTACHMENT A - Review Schedule

Work Plan Due Evaluation Report Due COMAR Citation Unit (Department/Agency)
July 1, 2003 July 1, 2004 05.01—05.03; 05.16; 05.18 Department of Housing and Community Development
10.21—10.23 Department of Health and Mental Hygiene
31.01—31.05 Maryland Insurance Administration
12.01 Department of Public Safety and Correctional Services
23 Board of Public Works
Oct. 1, 2003 Oct.1, 2004 04 Department of General Services
09.01, 09.03 Department of Labor, Licensing, and Regulation
14.06 Public Defender
14.08 Blind Industries and Services
31.06 Maryland Insurance Administration
Jan. 1, 2004 Jan. 1, 2005 01.03 Health Claims Arbitration Office
24 Department of Business and Economic Development
31.07 Maryland Insurance Administration
32 Department of Aging
April 1, 2004 April 1, 2005 02 Office of the Attorney General
05.04, 05.05 Department of Housing and Community Development
12.02 Department of Public Safety and Correctional Services
14.07 Maryland Automobile Insurance Fund
14.24 Office of Planning
31.08 Maryland Insurance Administration
July 1, 2004 July 1, 2005 13B.01 and 13B.02 Higher Education Commission
14.03 Human Relations Commission
26.19—26.22 Department of the Environment
31.09 Maryland Insurance Administration
Oct. 1, 2004 Oct. 1, 2005 01.02 Secretary of State
09.12 Department of Labor, Licensing, and Regulation-Labor and Industry
14.05 Veterans' Commission
14.09 Workers' Compensation Commission
31.10 Maryland Insurance Administration
Jan. 1, 2005 Jan. 1, 2006 03 Comptroller of the Treasury
14.10 Property Tax Assessment Appeal Boards
14.12 Tax Court
17.01—17.03, 17.05 Department of Budget and Fiscal Planning
18 Department of Assessments and Taxation
25 State Treasurer
31.11 Maryland Insurance Administration
Apr. 1, 2005 Apr. 1, 2006 08.01—08.03 Department of Natural Resources
11.14 Department of Transportation (MVA)
30.09 MIEMSS Emergency Medical Services Board
31.12 Maryland Insurance Administration
July 1, 2005 July 1, 2006 10.01—10.04 and 10.06 Department of Health and Mental Hygiene
12.04, 12.05, and 12.07 Department of Public Safety and Correctional Services
13A.01—13A.06 Board of Education
31.13 Maryland Insurance Administration
Oct. 1, 2005 Oct. 1, 2006 07.01—07.07 Department of Human Resources
10.09 Department of Health and Mental Hygiene-Medical Assistance
14.16 Veterans' Home Commission
31.14 Maryland Insurance Administration
Jan. 1, 2006 Jan. 1, 2007 14.01 State Lottery Agency
30.01—30.08 MIEMSS Emergency Medical Services Board
14.18 State Archives
20 Public Service Commission
31.15 Maryland Insurance Administration
Apr. 1, 2006 Apr. 1, 2007 05.06—05.11 Department of Housing and Community Development
09.10, 09.14 Department of Labor, Licensing, and Regulation
10.24 and 10.25 Department of Health and Mental Hygiene
16 Department of Juvenile Justice
19A.01 State Ethics Commission
31.16 Maryland Insurance Administration
July 1, 2006 July 1, 2007 12.08—12.10 Department of Public Safety and Correctional Services
14.14 Hazardous Waste Facilities Siting Board
14.21 Maryland Food Center Authority
14.26 Maryland Energy Administration
19A.02 State Ethics Commission
26.01—26.03 Department of the Environment
Oct. 1, 2006 Oct. 1, 2007 11.01—11.03 Department of Transportation
15.01—15.08 Department of Agriculture
19A.03 State Ethics Commission
21 Procurement Regulations
Jan. 1, 2007 Jan. 1, 2008 09.08 and 09.09 Department of Labor, Licensing, and Regulation
09.11 Department of Labor, Licensing, and Regulation
09.13 Department of Labor, Licensing, and Regulation
09.15—09.20 Department of Labor, Licensing, and Regulation
19A.04 State Ethics Commission
Apr. 1, 2007 Apr. 1, 2008 08.04—08.12 Department of Natural Resources
10.10—10.14 and 10.50 Department of Health and Mental Hygiene
11.11—11.13 Department of Transportation (MVA)
19A.05 State Ethics Commission
26.11 and 26.12 Department of the Environment
33.02—33.04, 33.09, and 33.10 State Board of Elections
July 1, 2007 July 1, 2008 12.11 Department of Public Safety and Correctional Services
19A.06 to end State Ethics Commission
14.25 Maryland Stadium Authority
27 Chesapeake Bay Critical Area Commission
33.01 and 33.12 State Board of Elections
Oct. 1, 2007 Oct. 1, 2008 10.26—10.30 and 10.39 Department of Health and Mental Hygiene
33.13—33.16 State Board of Elections
Jan. 1, 2008 Jan. 1, 2009 11.04—11.07 Department of Transportation
29 Department of State Police
26.04 Department of the Environment
Apr. 1, 2008 April 1, 2009 05.12—05.15; 05.17 Department of Housing and Community Development
10.15—10.17, 10.19, 10.20 Department of Health and Mental Hygiene
12.12 Department of Public Safety and Correctional Services
July 1, 2008 July 1, 2009 17.04 Department of Personnel
10.05, 10.07, 10.08 Department of Health and Mental Hygiene
26.13—26.18 Department of the Environment
33.06, 33.07, 33.08 State Board of Elections
Oct. 1, 2008 Oct. 1, 2009 01.04 Office of Children, Youth, and Families
10.31—10.36 Department of Health and Mental Hygiene
14.27 Environmental Service
22 State Retirement and Pension Systems
Jan. 1, 2009 Jan. 1, 2010 11.15—11.19 Department of Transportation (MVA)
13A.07—end Board of Education
14.22 Commission on Criminal Sentencing Policy
Apr. 1, 2009 Apr.1, 2010 08.13—end Department of Natural Resources
July 1, 2009 July 1, 2010 09.21—09.29 Department of Labor, Licensing, and Regulation
09.32—end Department of Labor, Licensing, and Regulation
12.13 and 12.14 Department of Public Safety and Correctional Services
26.05—26.07 Department of the Environment
26.23—end Department of the Environment
Oct. 1, 2009 Oct.1, 2010 10.37, 10.38, 10.41—10.44 Department of Health and Mental Hygiene
33.05, 33.11 State Board of Elections
Jan. 1, 2010 Jan. 1, 2011 10.18, 10.47—10.49, 10.51 and 10.52 Department of Health and Mental Hygiene
13B.03—end Higher Education Commission
26.08 Department of the Environment
28 Office of Administrative Hearings
April 1, 2010 April 1, 2011 10.45, 10.46, 10.53—end Department of Health and Mental Hygiene
11.20—end Department of Transportation (MVA)
26.10 Department of the Environment
July 1, 2010 July 1, 2011 01.05 Governor's Drug and Alcohol Abuse Commission
12.15, 12.16 Department of Public Safety and Correctional Services
14.13 Northeast Maryland Waste Disposal Authority
14.15 Maryland Higher Education Investment Program
14.28 Canal Place Preservation and Development Authority
14.29 Heritage Areas Authority
14.30 State Higher Education Labor Relations Board
15.11—end Department of Agriculture