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2017 Maryland Code
Health - General
Title 21 - Food, Drugs, and Cosmetics
Subtitle 2 - Maryland Food, Drug, and Cosmetic Act
Part V - State and Federal Rules and Regulations; Administrative Procedures
§ 21-243. Orders after rule or regulation protest hearings
Universal Citation: MD Health-Gen Code § 21-243 (2017)
- (a) Order after hearing. --
- (1) As soon as practicable after a hearing on a protest to a rule or regulation under ยง 21-242 of this subtitle, the Secretary shall:
- (i) Act on the protest by issuing an order; and
- (ii) Send a copy of the order to each protester by certified mail, return receipt requested, bearing a postmark from the United States Postal Service.
- (2) Each order issued under this section shall be based on substantial evidence in the record of the hearing.
- (1) As soon as practicable after a hearing on a protest to a rule or regulation under ยง 21-242 of this subtitle, the Secretary shall:
- (b) Effect of order. -- An order issued by the Secretary under this section may:
- (1) Reinstate, rescind, or modify a State adopted federal rule or regulation as a rule or regulation of this State; or
- (2) As to any other rule or regulation proposed under this subtitle:
- (i) Withdraw the proposal;
- (ii) Modify the proposal and set an effective date for the modified proposal that is at least 60 days after publication of the order; or
- (iii) Set a new effective date for the original proposal that is at least 60 days after publication of the order.
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