2019 Maryland Code
State Government
Title 10 - Governmental Procedures
Subtitle 1 - Administrative Procedure Act -- Regulations
Part I - Definitions; General Provisions
§ 10-101. Definitions

    (a)    In this subtitle the following words have the meanings indicated.

    (b)    “Administrator” means the Administrator of the Division of State Documents.

    (c)    “Advisory Council” means the Advisory Council on the Impact of Regulations on Small Businesses established under § 3–502 of the Economic Development Article.

    (d)    “Committee” means the Joint Committee on Administrative, Executive, and Legislative Review.

    (e)    “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;

        (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.

    (f)    “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.

    (g)    “Register” means the Maryland Register.

    (h)    (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:

                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.

    (i)    (1)    “Significant small business impact” means a determination by the Advisory Council that a proposed regulation is likely to have a meaningful effect on the revenues or profits of a significant number of small businesses or a significant percentage of small businesses within a single industry in the State.

        (2)    “Significant small business impact” does not include an impact resulting from a proposed regulation that is necessary to comply with federal law, unless the Advisory Council determines that the regulation is more stringent than federal law, in accordance with § 3–505 of the Economic Development Article.

    (j)    “Small business” has the meaning stated in § 2–1505.2 of this article.

    (k)    “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.

    (l)    “Unit” means an officer or unit authorized by law to adopt regulations.