(a) Requirement. Before a regulation takes effect, the regulation must meet:
(1) The requirements of this Article; and
(2) Any other requirement imposed by law.
(b) Single subject requirement. A proposed regulation must not contain more than one subject matter.
(c) Publication. An issuer must publish in the Register:
(1) A summary of the proposed regulation;
(2) The place where a copy of the proposed regulation may be obtained;
(3) The date, time, and place of any public hearing;
(4) The name and address of a person to whom comments may be directed;
(5) The deadline for submitting comments;
(6) A citation of the Section of the County Code that authorizes the adoption of the regulation; and
(7) A reference to the procedural method used to adopt the regulation.
(d) Disclosure of amendments. The text of any proposed or adopted regulation sent to the County Council must show by brackets and underlines (or any other notation system approved by the Council) all amendments to any existing regulation.
(e) Hearing record and comments. The issuer must attach to any proposed or adopted regulation sent to the County Council a copy of each written comment received after publication in the Register and a transcript or detailed summary of any public hearing.
(f) Procedures for approval.
(1) Each regulation must be adopted under one of the 3 methods in this subsection. To amend or repeal an adopted regulation, an issuer must use the procedure under which the regulation was adopted.
(2) A law authorizing a regulation may specify that one of the 3 methods must be used.
(3) If the law does not specify that one of the 3 methods must be used, method (2) must be used.
(A) A regulation proposed under this method is not adopted until the County Council approves it.
(B) The issuer must send a copy of the proposed regulation to the Council after the deadline for comments published in the Register.
(C) The Council by resolution may approve or disapprove the proposed regulation.
(D) If the Council approves the regulation, the regulation takes effect upon adoption of the resolution approving it or on a later date specified in the regulation.
(A) The issuer must send a copy of the proposed regulation to the County Council after the deadline for comments published in the Register.
(B) The Council by resolution may approve or disapprove the proposed regulation within 60 days after receiving it.
(C) If necessary to assure complete review, the Council by resolution may extend the deadline set under subparagraph (B).
(D) If the Council approves the regulation, the regulation takes effect upon adoption of the resolution approving it or on a later date specified in the regulation.
(E) If the Council does not approve or disapprove the proposed regulation within 60 days after receiving it, or by any later deadline set by resolution, the regulation is automatically approved.
(F) If a regulation is automatically approved under this method, the regulation takes effect the day after the deadline for approval or on a later date specified in the regulation.
(A) A regulation adopted under this method is not subject to County Council approval or disapproval.
(B) The issuer must send a copy of the adopted regulation to the Council after the deadline for comments published in the Register.
(C) The regulation takes effect when the Council receives it or on a later date specified in the regulation.
(g) Amendment of proposed regulation. The issuer may amend a proposed regulation after sending it to the County Council if:
(1) The Council has not taken final action on the proposed regulation; and
(2) The amendment is within the advertised scope of the proposed regulation.
(h) Withdrawal of proposed regulation. At any time before the County Council takes final action on a proposed regulation, the issuer may withdraw it.
(i) Publication of final action. Within 45 days after final action is taken on a regulation, the issuer must:
(1) Publish the final action taken on the regulation; and
(2) Summarize any substantive changes made since the regulation was first published.
(j) Temporary regulations.
(1) An issuer may adopt a temporary regulation under this subsection if:
(A) A public or fiscal emergency requires its adoption; or
(B) The public interest will be materially harmed if the regulation does not take effect immediately.
(2) A temporary regulation does not have to meet the publication and approval requirements of subsections (c) and (f), but the issuer must publish notice of the regulation's adoption in the next available issue of the Register.
(3) A temporary regulation is effective:
(A) (i) When the County Council receives from the issuer a copy of the temporary regulation and an explanation why its immediate adoption without public comment or Council review is necessary; or
(ii) On a later date specified in the regulation and justified in the explanation; and
(B) For not more than 90 days, as specified in the regulation. During this time, an adopted permanent regulation may immediately supersede a temporary regulation.
(4) (A) The issuer may ask the Council once to extend the effective period of a temporary regulation for up to 90 more days.
(B) The issuer must provide a compelling reason for an extension.
(C) The Council must not extend a temporary regulation more than once.
(5) (A) The Council by resolution may revoke a temporary regulation, effective when the resolution is adopted.
(B) If the Council revokes a temporary regulation, the resolution must explain the reason.
(6) If the Council revokes or does not extend a temporary regulation, the issuer or any other person authorized to issue regulations must not adopt a substantially similar temporary regulation within one year after the Council's action. However, within that year an issuer may propose a substantially similar temporary regulation to the Council, and the regulation will take effect only if the Council approves it by resolution. (1984 L.M.C., ch. 24, § 1; 1984 L.M.C., ch. 27, § 1; 1987 L.M.C., ch. 36, § 1; 1994 L.M.C., ch. 15, § 1.)
Editor’s note-The above section is cited and discussed in FOP, Montgomery County Lodge No. 35 v. Mehrling, 343 Md. 155, 680 A.2d 1052 (1996).
