Md. Code Regs. 01.01.2003.20

Current through Register Vol. 51, No. 12, June 14, 2024

Section 01.01.2003.20 - State Advisory Council on Hunger (Rescinds Executive Order 01.01.1996.09)

EXECUTIVE ORDER 01.01.2003.20 a

Implementation of the Regulatory Review and Evaluation Act

[Rescinded COMAR 01.01.1986.01 a, 01.01.1991.06 a, and 01.01.1996.04 a ]

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 a 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.

Md. Code Regs. 01.01.2003.20