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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),
(Varies)	(2)	RC acknowledges approval of NORD form and gives unit a Tentative Schedule
	(3)	Unit writes the proposal, maybe with help of a committee or work group, depending on Unit's policy or requirements of law.
	(4)	Unit submits drafts to AAG and interested parties for input and comments.

*Unit Submits Proposal for Internal Sign Offs

     

	(1)	Proposal reviewed and signed off by:
		(a)	Affected parties within the Department,
(2  weeks)		(b)	The Unit's Director, and
		(c)	The Unit's Deputy Secretary;
	(2)	May request clarification or changes.

Unit Submits Proposal and Background Information Form to DHMH Regulations Coordinator (RC)

	(1)		Reviews regulations;
	(2)		May return them for corrections and/or copies;
(2 -4 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 [State Government Article, §10-107(b), Annotated Code of Maryland]; and
		(d)		For Secretary's approval.

 

Proposal has Corresponding Federal Standards? [Executive Order 01.01.1996.03]

(5-10 days)	(1)	Yes, but proposal is not more stringent:
		(a)	Submit proposal to Department of Business 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 proposal to AELR; or
			(ii)	If they disagree, DBED will forward proposal to the Governor's Office for approval.
(15+ days)	(2)	Yes, and the proposal is more stringent:
		(a)	Submit proposal to DBED;
or		(b)	DBED will review and respond to the Dept., 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

 

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)]                        

(15 days)

Notice and Text Published

	30-day Comment Period Required
	(1)	If comments are received, the Unit:
		(a)	Responds in writing to the comment; and
		(b)	At end of comment period, recommends in a memo to RC, specific language changes and/or recommends proposal  be:
			(i)	Adopted as printed;
			(ii)	Adopted with non-substantive changes;
(45 days)			(iii)	Reproposed with substantive changes; or
			(iv)	Withdrawn.
	(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
		(a)	Unit for sign off through their Deputy Secretary;
		(b)	AAG for legal approval; and
		(c)	Secretary
	AELR can decide to delay and/or oppose adoption [SGA, §10-111(a)(2); SGA, §10-111.1]
	(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
		(a)	30 days after the Department's written notice is provided; or
		(b)	105th day following the initial publication of the regulation in the Maryland Register
	(2)	The Department  may not adopt a proposal that has been put on hold by the AELR until:
		(a)	The Department receives a written release from the AELR; or
		(b)	The process and timeframes outlined in (1) above have been met.
	(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
		(a)	Department may:
			(i)	Withdraw or Modify the proposed regulation; or
			(ii)	Appeal the AELR's opposition to the Governor.
		(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

(9 days)      (SGA §10-114)

Notice Published

 

Effective [SGA, §10-117(a)]

(10 days after publication of Final Notice or later)

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