SUMMARY OF MDH'S Emergency Regulation Promulgation PROCESS


Note: Emergency should be submitted to the AELR Committee:
  • AT LEAST 10 working days before requested effective date - HOWEVER one (1) month before is preferable; and
  • Along with a PROPOSAL to ensure there is no lapse between effective dates since Emergency actions can only be effective for 180 days.
 
Unit Decides to Promulgate Emergency Regulations
(1) With approval from Deputy Secretary and Regulation Coordinator, Unit writes the emergency regulations.
(Varies) 
(3) Unit submits emergency draft to AAG and, if time allows, interested parties for input/comments,
Unit Submits Emergency for Internal Sign offs
(1) Emergency reviewed(clarification or changes may be requested) and, once approved, signed off by:
(a) Affected parties within the Department,
(2 weeks) (b) The Unit's Director, and
(c) The Unit's Deputy Secretary;
(2) MApproved emergency is submitted electronically to RC and yellow signature sheet is forworded to RC.
 
Unit Submits Emergency to DHMH Regulations Coordinator (RC)

Reviews regulations and may return them for corrections;

(2-4 weeks)

Submits:
 
(a) Electronically to Affected Units within the Department, the Governor’s Office and 
(b) To Budget Management Office for approval of Estimate of Economic Impact;
(c)  To AAG for legal sufficiency (State Govertment Article,§10-107(b), Annoated of Maryland); and 
(d) For Secretary's approval.
   

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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.​