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REGS : emrgproc

DHMH's EMERGENCY*  REGULATION PROMULGATION PROCESS
[SGA, §10-111(b), Annotated Code of Maryland]
(Office of Regulations and Policy Coordination - 3/20/06)
 
Unit Decides to Promulgate Emergency Regulations
(1) If time allows, unit submits Notice of Regulations Development [NORD (pink)] form to their Assistant Attorney General (AAG) and Deputy Secretary (DS) before submitting to DHMH Regulations Coordinator (RC).
(Varies)  (2) Writes the emergency regulations,
(3) Submits drafts to AAG and, if time allows, to interested parties for input and comments.
Unit Submits Emergency for Internal Sign offs
(1) Emergency reviewed and signed off by:
(a) Affected parties within the Department,
(1-2 weeks) (b) The Unit's Director, and
(c) The Unit's Deputy Secretary;
(2) May request clarification or changes.
 
Unit Submits Emergency to DHMH Regulations Coordinator (RC)
(1) Reviews regulations;
(2) May return them for corrections and/or copies;
(1-3 weeks) (3) Submits:
 
(a) To Affected  Units within the Department, the Governor’s Office and DHMH Office of Governmental Affairs for comments;
(b) To Budget Management Office for approval of Estimate of Economic Impact;
(c)  To AAG for legal sufficiency; and
(d) For Secretary's approval.
   
Emergency has Corresponding Federal Standards? [Executive Order 01.01.1996.03]
     
(5-10 days)  (1) Yes, but emergency is not more stringent:
(a)   Submit emergency to Department of Budget and Economic Development (DBED)
or      (b)   DBED will review and respond within 10 days whether or not they agree with the analysis:
             (i) If they agree, DHMH may forward emergency to AELR; or
            (ii) If they disagree, DBED will forward emergency to the Governor's Office for approval.
(15+ days)   (2)  Yes, and the emergency IS more stringent:
(a)   Submit emergency to DBED;
or  (b)   DBED will review and respond to the Department, then forward to the Governor's Office for final determination;
(c)   Governor's Office will advise the Department  whether we may proceed or not.
(0 days) (3) No.  Proceed to next step.
                       
Regulations Coordinator Submits Emergency to AELR Committee [State Government Article §10-111(b)]
  (1) AELR Committee will review emergency and vote on adoption.  Note:  Unless the Governor has declared that immediate adoption is necessary to protect the public health or safety, the Committee may not approve the emergency adoption of a regulation earlier than 10 business days after receipt of the regulation by the Committee.  [State Government Article, §10-111(b)(2)(iv)]
(Varies) (2) AELR Committee Counsel will call RC and send letter to confirm approval or disapproval of emergency status for the requested time frame.  By law [State Government Article, §10-111(b)(4)(ii)] each emergency request cannot exceed 180 day duration.
(3) If AELR votes to disapprove emergency status, by law, Department has no recourse to object to the disapproval.
(4)  By a majority vote, AELR may rescind its approval of any emergency previously approved by the Committee.
 
If APPROVED, AELR Submits Emergency to Division of State Documents for publication in the Maryland [State Government Article, §10-112(b)]
  
  (11 days) 
Emergency Notice and Text Published
* Because emergency approvals are only granted for a maximum of 180 days, the proposals and the emergency actions are usually submitted simutaneously.

Office of Governor