WES MOORE, Governor Ch. 350
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Chapter 350
(House Bill 817)
AN ACT concerning
State Government – Regulation Procedures and the Maryland Register
FOR the purpose of requiring the Division of State Documents to make a certain number
of issues of the Maryland Register available to the public for online searching;
altering the requirements for a unit of State government to submit certain proposed
or emergency regulations, work plans, and evaluation reports to the Joint Committee
on Administrative, Executive, and Legislative Review, the Department of Legislative
Services, and the Administrator of the Division of State Documents; requiring a unit
that wants to alter the text of a proposed regulation after it has been submitted to
the Joint Committee and the Department of Legislative Services to take certain
actions; requiring a unit to provide a certain notice to the Joint Committee in a
certain manner; extending a certain period of review for a certain regulation;
requiring a certain notice to be published in the Maryland Register within a certain
time period after receipt of the notice by the Joint Committee; requiring the
Department of Legislative Services to adopt certain procedures for the submission of
proposed and emergency regulations, work plans, and evaluation reports to the Joint
Committee by a unit; providing that compliance with certain submission
requirements does not satisfy certain other submission requirements; requiring the
Administrator to consult with the Department of Legislative Services on certain
matters; requiring the Administrator to send a receipt of a certain transmittal to a
certain unit under certain circumstances; requiring the Administrator, on or before
a certain date Department of Information Technology, in consultation with the
Administrator, to develop and maintain a certain electronic filing system in
accordance with certain requirements on or before a certain date; requiring the
Administrator to consult with the Department Department of Information
Technology to consult with the Administrator and the Department of Legislative
Services Administrator to consult with the Department on certain matters; and
generally relating to regulatory procedures and the Maryland Register.
BY repealing and reenacting, without amendments,
Article – State Government
Section 7–201(a) and (e) and 10–101
Annotated Code of Maryland
(2021 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – State Government
Section 7–206.2(b), 10–110(c)(1), and 10–111(a)
Annotated Code of Maryland
(2021 Replacement Volume and 2022 Supplement)
Ch. 350 2023 LAWS OF MARYLAND
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BY adding to
Article – State Government
Section 10–111.2(c)
Annotated Code of Maryland
(2021 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – State Government
7–201.
(a) In this subtitle the following words have the meanings indicated.
(e) “Division” means the Division of State Documents.
7–206.2.
(b) Notwithstanding any other provision of law, the Division shall make available
to the public, at no cost, direct online searching of:
(1) the Code of Maryland Regulations (COMAR);
(2) AT LEAST THE 15 MOST RECENT ISSUES O F the Maryland Register;
and
(3) any other material the Division determines to be in the public interest.
10–101.
(a) In this subtitle the following words have the meanings indicated.
(b) “Administrator” means the Administrator of the Division of State Documents.
(c) “Committee” means the Joint Committee on Administrative, Executive, and
Legislative Review.
(d) “Local government unit” means:
(1) a county;
(2) a municipal corporation;
(3) a special district that is established by State law and that operates
within a single county; WES MOORE, Governor Ch. 350
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(4) a special district that is established by a county pursuant to public
general law; or
(5) an office, board, or department that is established in each county under
State law and that is funded, pursuant to State law, at least in part by the county governing
body.
(e) “Mandate” means a directive in a regulation that requires a local government
unit to perform a task or assume a responsibility that has a discernible fiscal impact on the
local government unit.
(f) “Register” means the Maryland Register.
(g) (1) “Regulation” means a statement or an amendment or repeal of a
statement that:
(i) has general application;
(ii) has future effect;
(iii) is adopted by a unit to:
1. detail or carry out a law that the unit administers;
2. govern organization of the unit;
3. govern the procedure of the unit; or
4. govern practice before the unit; and
(iv) is in any form, including:
1. a guideline;
2. a rule;
3. a standard;
4. a statement of interpretation; or
5. a statement of policy.
(2) “Regulation” does not include:
(i) a statement that: Ch. 350 2023 LAWS OF MARYLAND
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1. concerns only internal management of the unit; and
2. does not affect directly the rights of the public or the
procedures available to the public;
(ii) a response of the unit to a petition for adoption of a regulation,
under § 10–123 of this subtitle; or
(iii) a declaratory ruling of the unit as to a regulation, order, or
statute, under Subtitle 3 of this title.
(3) “Regulation”, as used in §§ 10–110 and 10–111.1 of this subtitle, means
all or any portion of a regulation.
(h) “Small business” has the meaning stated in § 2–1505.2 of this article.
(i) “Substantively” means in a manner substantially affecting the rights, duties,
or obligations of:
(1) a member of a regulated group or profession; or
(2) a member of the public.
(j) “Unit” means an officer or unit authorized by law to adopt regulations.
10–110.
(c) (1) (I) At least 15 days before the date a proposed regulation is
submitted to the Maryland Register for publication under § 10–112 of this subtitle, AND IN
ACCORDANCE WITH § 10–111.2(C) OF THIS SUBTITLE, the promulgating unit shall
submit the proposed regulation to the Committee [and], the Department of Legislative
Services, AND THE ADMINISTRATOR .
(II) IF A UNIT WANTS TO AL TER THE TEXT OF A PR OPOSED
REGULATION AFTER IT HAS BEEN SUBMITTED T O THE COMMITTEE AND THE
DEPARTMENT OF LEGISLATIVE SERVICES IN ACCORDANC E WITH SUBPARAGRAPH
(I) OF THIS PARAGRAPH AND BEFORE THE PROPO SED REGULATION IS PU BLISHED IN
THE MARYLAND REGISTER, SO THAT ANY PART OF THE TEXT AS SUBMITTE D FOR
PUBLICATION DIFFERS SUBSTANTIVELY SUBSTANTIVELY FROM THE TEXT
PREVIOUSLY SUBMITTED TO THE COMMITTEE AND THE DEPARTMENT OF
LEGISLATIVE SERVICES, THE UNIT SHALL :
1. NOTIFY THE COMMITTEE, THE DEPARTMENT OF
LEGISLATIVE SERVICES, AND THE ADMINISTRATOR OF THE CHANGE; WES MOORE, Governor Ch. 350
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2. WITHDRAW THE PROPOSE D REGULATION ; AND
3. RESUBMIT THE PROPOSE D REGULATION WITH TH E
ALTERED TEXT TO THE COMMITTEE, THE DEPARTMENT OF LEGISLATIVE SERVICES,
AND THE ADMINISTRATOR AT LEAS T 15 DAYS PRIOR TO PUBLIC ATION IN THE
REGISTER.
(III) 1. IF A UNIT WANTS TO MAKE A NONSUBSTANTIVE
CHANGE TO THE TEXT O F A PROPOSED REGULAT ION AFTER IT HAS BEE N SUBMITTED
TO THE COMMITTEE AND THE DEPARTMENT OF LEGISLATIVE SERVICES IN
ACCORDANCE WITH SUBP ARAGRAPH (I) OF THIS PARAGRAPH AN D BEFORE THE
PROPOSED REGULATION IS PUBLISHED IN THE MARYLAND REGISTER, THE UNIT
SHALL:
A. NOTIFY THE COMMITTEE, THE DEPARTMENT OF
LEGISLATIVE SERVICES, THE OFFICE OF THE GENERAL ASSEMBLY COUNSEL, AND
THE ADMINISTRATOR OF THE CHANGE; AND
B. INCLUDE WITH THE NOT ICE A CERTIFICATE FROM THE
UNIT THAT THE CHANGE IS NONSUBSTANTIVE , INCLUDING A DESCRIPT ION OF THE
NATURE OF EACH CHANG E AND THE BASIS FOR THE CONCLUSION .
2. NOTWITHSTANDING SUBSU BPARAGRAPH 1 OF THIS
SUBPARAGRAPH , IF THE OFFICE OF THE GENERAL ASSEMBLY COUNSEL
DETERMINE S THAT A CHANGE TO A PROPOSED REGULATION UNDER
SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH IS NOT A NONSUBSTANT IVE CHANGE,
THE UNIT SHALL WITHD RAW AND RESUBMIT THE PROPOSED REGULATION IN
ACCORDANCE WITH SUBP ARAGRAPH (II) OF THIS PARAGRAPH .
10–111.
(a) (1) Except as provided in subsection (b) of this section, a unit may not adopt
a proposed regulation until:
(i) after submission of the proposed regulation to the Committee for
preliminary review under § 10–110 of this subtitle; and
(ii) at least 45 days after its first publication in the Register.
(2) (i) If the Committee determines that an appropriate review cannot
reasonably be conducted within 45 days and that an additional period of review is required,
it may delay the adoption of the regulation by so notifying the promulgating unit and the
Division of State Documents, in writing, prior to the expiration of the 45–day period.
Ch. 350 2023 LAWS OF MARYLAND
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(ii) If notice is provided to the promulgating unit pursuant to
subparagraph (i) of this paragraph, the promulgating unit may not adopt the regulation
until it notifies the Committee, in writing BY U.S. MAIL AND E–MAIL, of its intention to
adopt the regulation and provides the Committee with a further period of review of the
regulation that terminates not earlier than the later of the following:
1. the [30th] 60TH day following the notice provided by the
promulgating unit under this subparagraph; or
2. the 105th day following the initial publication of the
regulation in the Register.
(III) NOTICE GIVEN UNDER SU BPARAGRAPH (II) OF THIS
PARAGRAPH TO THE COMMITTEE OF A UNIT ’S INTENTION TO ADOPT A REGULATION
SHALL BE PUBLISHED I N THE REGISTER WITHIN 30 DAYS AFTER RECEIPT O F THE
NOTICE BY THE COMMITTEE.
(3) The promulgating unit shall permit public comment for at least 30 days
of the 45–day period under paragraph (1)(ii) of this subsection.
10–111.2.
(C) (1) THE DEPARTMENT OF LEGISLATIVE SERVICES SHALL ADOPT
PROCEDURES FOR THE R EQUIRED SUBMISSION O F PROPOSED AND EMERG ENCY
REGULATIONS , WORK PLANS, AND EVALUATION REPOR TS TO THE COMMITTEE BY A
UNIT.
(2) (I) EACH UNIT SHALL FOLLO W THE PROCEDURES ADO PTED BY
THE DEPARTMENT OF LEGISLATIVE SERVICES UNDER THIS S UBSECTION.
(II) A UNIT SUBMITTING A PR OPOSED REGULATION TO THE
COMMITTEE SHALL INCLU DE THE TEXT OF THE P ROPOSED REGULATION A ND THE
NOTICE OF PROPOSED A DOPTION THAT IS REQU IRED TO BE SUBMITTED TO THE
ADMINISTRATOR UNDER § 10–112(A)(2) OF THIS SUBTITLE.
(3) (I) THE ADMINISTRATOR SHALL C ONSULT WITH THE
DEPARTMENT OF LEGISLATIVE SERVICES TO ENSURE THAT NOTIC E OF THE
RECEIPT OF PROPOSED AND EMERGENCY REGULA TIONS BY THE ADMINISTRATOR
UNDER THIS TITLE IS TRANSMITTED TO AND R ECEIVED BY THE COMMITTEE AND
THE DEPARTMENT OF LEGISLATIVE SERVICES IN A TIMELY MANNER.
(II) WHEN THE ADMINISTRATOR TRANSMITS A PROPOSED OR
EMERGENCY REGULATION TO THE COMMITTEE AND THE DEPARTMENT OF
LEGISLATIVE SERVICES, THE ADMINISTRATOR SHALL A LSO PROVIDE RECEIPT OF WES MOORE, Governor Ch. 350
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THE TRANSMITTAL TO T HE UNIT THAT ORIGINA LLY SUBMITTED THE RE GULATION
TO THE DIVISION.
(4) (I) SUBMISSION OF A REGULATIO N, A WORK PLAN , OR AN
EVALUATION REPORT TO THE COMMITTEE UNDER THIS SUBSECTION DOES NOT
SATISFY ANY REQUIREM ENT UNDER THIS SUBTI TLE FOR A UNIT TO SU BMIT A
REGULATION , A WORK PLAN, OR AN EVALUATION REP ORT TO THE ADMINISTRATOR
FOR PUBLICA TION IN THE REGISTER.
(II) ANY REQUIREMENT UNDER THIS SUBTITLE FOR A UNIT TO
SUBMIT A REGULATION TO THE COMMITTEE MAY NOT BE SATISFIED BY SUBMITT ING
THE REGULATION TO TH E DIVISION.
SECTION 2. AND BE IT FURTHER ENACTED, That:
(a) On or before October 1, 2023, the Department of Information Technology, in
consultation with the Administrator of the Division of State Documents, shall develop and
maintain an electronic filing system for use by units of State government, the Joint
Committee on Administrative, Executive, and Legislative Review, the Department of
Legislative Services, and the Division of State Documents for the submission and tracking
of proposed and emergency regulations from the time of submission to the Joint Committee
through publication in the Maryland Register and final approval by the unit or, in the case
of an emergency regulation, approval by the Joint Committee.
(b) The Administrator shall consult with the Department Department of
Information Technology shall consult with the Administrator and the Department of
Legislative Services Administrator shall consult with the Department on the functionality
and security of the electronic filing system.
(c) The electronic filing system shall:
(1) allow a unit to upload, in a format approved by the Administrator and
the Department of Legislative Services, the text of a proposed or emergency regulation
along with all statutorily required information;
(2) contain a tracking function and automated notification system by which
the Joint Committee and the Department of Legislative Services shall be sent notice of new
or updated proposed or emergency regulations;
(3) prohibit anyone other than Division employees from modifying the text
of a submitted proposed or emergency regulation or any other required submittals;
(4) allow the Joint Committee and the Department of Legislative Services
to access and download, in a format required by the Department of Legislative Services, all
information submitted by a unit relating to a proposed or emergency regulation;
Ch. 350 2023 LAWS OF MARYLAND
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(5) allow the Joint Committee and the Department of Legislative Services
to approve emergency regulations, including providing for the time period during which the
emergency regulation is approved;
(6) allow a unit to view all information pertaining to a proposed or
emergency regulation submitted by the unit, including all tracking information;
(7) allow the tracking of regulatory holds; and
(8) include the functionalities necessary for the Division to publish the
Maryland Register.
(d) On or before December 31, 2023, the Administrator Department of
Information Technology Administrator shall report to the Joint Committee on
Administrative, Executive, and Legislative Review, in accordance with § 2–1257 of the
State Government Article, on the status of the development and deployment of the
electronic filing system required under this section.
SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take
effect June 1, 2023.
SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section
3 of this Act, this Act shall take effect October 1, 2023.
Approved by the Governor, May 3, 2023.