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09.01.13 - Office of the Secretary - Final Regulations

FINAL ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 45, ISSUE 26,
FRIDAY, DECEMBER 21, 2018

Subtitle 10 OFFICE OF THE SECRETARY

09.01.13 Regulation of Units to Prevent Anticompetitive Actions

Authority: State Government Article, §8-205.1, Annotated Code of Maryland

Notice of Final Action
[18-287-F]

On December 11, 2018, the Secretary of Labor, Licensing, and Regulation adopted new Regulation .01 under a new chapter, COMAR 09.01.13 Regulation of Units to Prevent Anticompetitive Actions. This action, which was proposed for adoption in 45:22 Md. R. 1030—1031 (October 26, 2018), has been adopted as proposed.

Effective Date: December 31, 2018.

KELLY M. SCHULZ
Secretary of Labor, Licensing, and Regulation

.01 Procedures.
  A. The procedures described in this regulation shall apply to a proposed decision or action of a board or commission within the Department of Labor, Licensing, and Regulation composed in whole or in part of individuals participating in the occupation or profession regulated by the board or commission if the proposed decision or action:
    (1) May result in an unreasonable anti-competitive action; and
    (2) Does not further a clearly articulated State policy to displace competition in a regulated market in order to protect the health, safety, and welfare of the citizens of the State.
  B. Before the board or commission makes a decision or takes an action which may result in the outcomes described in this regulation, the board or commission shall notify the Secretary or the Secretary’s designee of the board’s or commission’s proposed action or decision.
  C. The Secretary or the Secretary’s designee shall review the proposed action or decision expeditiously and shall notify the board or commission in writing of the decision to approve, disapprove, modify, or remand the proposed decision or action back to the board or commission for further review.
  D. A decision or an action of a board or commission may not constitute a final decision or action of the board or commission until after the Secretary or the Secretary’s designee has conducted a review of the substance of the proposed decision or action by the board or commission to ensure its compliance with an articulated State policy as described in State Government Article, §8-205.1(b), Annotated Code of Maryland.
  E. A final decision or action of the board or commission shall comply with the written decision made by the Secretary or the Secretary’s designee in accordance with the requirements set forth in this regulation.