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Last Updated
01/22/2007
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DHMH’S
REGULATION PROMULGATION PROCESS
(4 - 6 MONTHS FROM THIS POINT*)
(Office of Regulation
and Policy Coordination - 2/10/05)
[Information in
brackets is authority for action]
Unit
Decides to Promulgate Regulations
|
(1) |
Unit submits
Notice of Regulations Development [NORD (pink)] form to their Assistant
Attorney General (AAG) and Deputy Secretary (DS) before submitting to
DHMH Regulations Coordintor (RC), |
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(Varies) |
(2) |
RC
acknowledges approval of NORD form and gives unit a Tentative Schedule |
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(3) |
Unit writes
the proposal, maybe with help of a committee or work group, depending on
Unit's policy or requirements of law. |
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(4) |
Unit submits
drafts to AAG and interested parties for input and comments. |
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*Unit
Submits Proposal for Internal Sign Offs
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(1) |
Proposal reviewed and signed off by: |
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(a) |
Affected parties within the Department, |
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(2
weeks) |
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(b) |
The Unit's Director, and |
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(c) |
The Unit's Deputy Secretary; |
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(2) |
May request clarification or changes. |
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Unit
Submits Proposal and Background Information Form to DHMH Regulations Coordinator (RC)
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(1) |
Reviews regulations; |
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(2) |
May return them for corrections and/or
copies; |
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(2
-4 weeks) |
(3) |
Submits: |
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(a) |
To
Affected Units within the Department, the Governor’s Office and DHMH Office of
Governmental Affairs for comments; |
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(b) |
To
Budget Management Office for approval of Estimate of Economic Impact; |
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(c) |
To AAG for legal sufficiency
[State Government Article,
§10-107(b), Annotated Code of Maryland]; and |
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(d) |
For Secretary's approval. |
Proposal
has Corresponding Federal Standards? [Executive Order 01.01.1996.03]
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(5-10
days) |
(1) |
Yes, but proposal is not more stringent: |
|
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(a) |
Submit proposal to Department of
Business and Economic Development (DBED) |
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or |
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(b) |
DBED will review and respond within
10 days whether or not they agree with the analysis: |
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|
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(i) |
If they agree, DHMH
may forward proposal to AELR; or |
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(ii) |
If they disagree, DBED
will forward proposal to the Governor's Office for approval. |
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(15+
days) |
(2) |
Yes, and the proposal is more stringent: |
|
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(a) |
Submit proposal to DBED; |
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or |
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(b) |
DBED will review and respond to
the Dept.,
then forward to the Governor's Office for final determination; |
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(c) |
Governor's Office will advise
the Department whether we may proceed
or not. |
|
(0
days) |
(3) |
No:
Proceed to next step |
RC Submits
Propoosal to AELR Committee; If proposal has an impact on evironmental
hazards affecting the health of children, to the Children's Environmental
Health and Protection Advisory Council [SGA, §10-110(b)] If proposal
has an impact on individuals with disabilities, to the Department of
Disabilities [SGA, §9-110(c)]
(15 days)
RC
Submits Proposal to Division of State Documents for Publication in the
Maryland Register [SGA,
§10-112(a)]
Notice
and Text Published
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30-day Comment
Period Required |
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(1) |
If comments are received, the Unit: |
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(a) |
Responds in writing to
the comment; and |
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(b) |
At end of comment period, recommends in a memo to RC, specific language
changes and/or recommends proposal
be: |
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(i) |
Adopted as printed; |
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(ii) |
Adopted with non-substantive changes; |
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(45 days) |
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(iii) |
Reproposed with substantive changes; or |
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(iv) |
Withdrawn. |
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(2) |
If no comments are received, and no
changes requested by the Unit, RC submits Notice of Final Action adopting the proposal
(unless Unit indicates otherwise) to |
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(a) |
Unit for sign off through
their Deputy Secretary; |
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(b) |
AAG for legal approval;
and |
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(c) |
Secretary |
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AELR
can decide to
delay and/or oppose adoption [SGA,
§10-111(a)(2); SGA, §10-111.1] |
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(1) |
If the AELR puts a "hold" on a
proposal and DELAYS a regulation, the Department, a the sole discretion
of the Secretary, may notify AELR in writing of its intention to adopt
and provide AELR with a further period of review that ends the later of |
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(a) |
30 days after the Department's
written notice is provided; or |
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(b) |
105th day following the
initial publication of the regulation in the Maryland Register |
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(2) |
The
Department may not adopt a proposal that has been put on hold by
the AELR until: |
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(a) |
The Department receives a
written release from the AELR; or |
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(b) |
The process and timeframes
outlined in (1) above have been met. |
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(3) |
AELR
may hold a hearing and, if majority votes to OPPOSE the adoption
of the regulations, notice of opposition is submitted in writing to the
Governor and to the Department |
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(a) |
Department may: |
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(i) |
Withdraw or Modify the proposed regulation; or |
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(ii) |
Appeal the AELR's opposition to the Governor. |
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(b) |
If appealed, the Governor may instruct the Department to withdraw,
modify, or adopt as proposed the regulation. |
Adoption
Possible:
Regulations Coordinator Submits Final Notice to Division of State Documents
for Publications in the Maryland Register
Notice
Published
Effective
[SGA,
§10-117(a)]
(10
days after publication of Final Notice or later)
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