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
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(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, |
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(3) |
Submits drafts to AAG and, if time allows, to interested parties for input and comments. |
Unit Submits Emergency for Internal Sign offs
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(1) |
Emergency reviewed and signed off by: |
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(a) |
Affected parties within the Department, |
| (1-2 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 Emergency 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; |
| (1-3 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; and |
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(d) |
For Secretary's approval. |
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Emergency has Corresponding Federal Standards? [Executive Order 01.01.1996.03]
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| (5-10 days) |
(1) |
Yes, but emergency is not more stringent: |
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(a) |
Submit emergency to Department of Budget and Economic Development (DBED) |
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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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(i) |
If they agree, DHMH may forward emergency to AELR; or |
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(ii) |
If they disagree, DBED will forward emergency to the Governor's Office for approval. |
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| (15+ days) |
(2) |
Yes, and the emergency IS more stringent: |
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(a) |
Submit emergency to DBED; |
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(b) |
DBED will review and respond to the Department, 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. |
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| (0 days) |
(3) |
No. Proceed to next step. |
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Regulations Coordinator Submits Emergency to AELR Committee [State Government Article §10-111(b)]
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(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)] |
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| (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. |
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(3) |
If AELR votes to disapprove emergency status, by law, Department has no recourse to object to the disapproval. |
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(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.
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false,false,2