The Regulatory Process in Maryland
- Roger Manno
- May 17
- 5 min read
Understanding the regulatory process in Maryland is essential for businesses, legal practitioners, and public interest groups seeking to engage effectively with the state government. Maryland's regulatory landscape is governed by a complex interplay between the executive, legislative, and judicial branches, as well as independent and quasi-independent agencies, commissions, and boards. This blog post provides a comprehensive overview of the regulatory framework in Maryland, including statutory authority, procedural requirements, timelines, and key actors.
I. Statutory Framework Governing the Regulatory Process
The regulatory process in Maryland is primarily governed by the Maryland Administrative Procedure Act (APA), codified in Title 10, Subtitle 1 of the State Government Article (Md. Code Ann., State Gov't § 10-101 et seq.). The APA outlines the requirements for:
Rulemaking (adoption, amendment, repeal of regulations)
Notice and comment procedures
Public participation
Emergency regulations
Judicial review of agency actions
Additional statutes may govern specific agencies or types of regulations. For example:
Health-General Article § 2-104 governs the Maryland Department of Health's regulatory authority.
Education Article § 2-205 provides rulemaking authority to the State Board of Education.
II. When the Regulatory Process Is Triggered
A. Legislative Triggers
The regulatory process is frequently initiated following the passage of legislation that delegates rulemaking authority to executive agencies. When new laws are enacted, agencies must determine whether implementing regulations are required to operationalize or clarify the statutory language.
Key Steps:
Legislation Signed into Law:
A bill signed by the Governor that includes directives for regulatory implementation.
Agency Review and Legal Analysis:
Agencies interpret statutory mandates and identify necessary regulations.
Regulatory Drafting Begins:
Agencies may consult internal policy teams, stakeholders, and counsel.
Timeline:
There is no universal statutory deadline unless one is prescribed in the enabling law. Agencies are expected to act with reasonable promptness to implement legislation.
Example:
If the General Assembly passes a law requiring licensing for a new profession, the Department of Labor must promulgate regulations outlining licensure requirements, fees, and standards of conduct.
B. Judicial Triggers
Court rulings—especially those invalidating existing regulations or interpreting statutes in new ways—can also trigger regulatory action.
When This Occurs:
A regulation is found invalid or overly broad
A statute is clarified or reinterpreted by judicial opinion
A constitutional issue is raised requiring regulatory restructuring
Case Law Examples:
Md. Board of Physicians v. Eist, 369 Md. 177 (2002): Prompted adjustments to confidentiality rules and enforcement processes.
Doe v. Department of Public Safety, 430 Md. 535 (2013): Required regulatory realignment for sex offender registration.
Post-Decision Process:
Agency Review of Court Decision
Consultation with Counsel and Stakeholders
Initiation of Regulatory Process Under APA
While no fixed statutory deadline governs regulatory responses to case law, failure to act could result in noncompliance with constitutional or statutory interpretations.
III. Role of the Executive Branch
The executive branch, through state agencies and departments, is the primary promulgator of regulations.
A. Agency Rulemaking Authority
Agencies derive their authority from enabling statutes, which delegate regulatory powers. Agencies must act within the scope of that authority, and regulations must be consistent with legislative intent.
B. Notice and Comment Process
Under the APA, the standard regulatory process includes:
Notice of Proposed Action (Md. Code Ann., State Gov't § 10-112):
Published in the Maryland Register, at least 30 days before adoption.
Public Comment Period:
Minimum 30-day comment period.
Agencies may hold public hearings at their discretion or if mandated.
Final Action:
Agencies must submit a Notice of Final Action, with changes and responses to comments, for publication in the Maryland Register.
Effective Date:
Regulations become effective no earlier than 10 days after publication of the final notice.
C. Emergency Regulations
Per Md. Code Ann., State Gov't § 10-111, agencies may adopt emergency regulations with approval from the Governor and the Joint Committee on Administrative, Executive, and Legislative Review (AELR). Emergency regulations:
Take effect immediately upon approval.
Are valid for a maximum of 180 days.
IV. Role of the Legislative Branch: AELR Committee and Oversight
The Joint Committee on Administrative, Executive, and Legislative Review (AELR Committee) is a bipartisan committee that provides legislative oversight of regulatory activity. It is governed by Md. Code Ann., State Gov't § 10-110 et seq.
A. AELR Review Functions
Reviews all proposed and emergency regulations.
May hold public hearings.
Can formally object to proposed regulations.
May request delay in adoption up to 30 days.
B. Legislative Veto or Modification
Although Maryland does not have a formal legislative veto, the General Assembly can:
Enact legislation to repeal or modify regulations.
Add or restrict regulatory authority via enabling legislation.
C. Interim Legislative Workgroups
Legislative workgroups or task forces may study regulatory issues and recommend changes. While these bodies lack direct authority to enact or modify regulations, they often influence agency policy and future legislation.
V. Role of the Judicial Branch: Review of Regulations
Courts play a key role in reviewing the legality of regulations.
A. Judicial Review
Under Md. Code Ann., State Gov't § 10-222, an aggrieved party may seek judicial review of a final agency action in:
The Circuit Court for the county where the party resides or does business.
B. Standards of Review
Courts review:
Procedural compliance with APA.
Substantive authority: Whether the regulation exceeds statutory limits.
Arbitrariness or capriciousness.
Key Case Law:
Maryland State Police v. Zeigler, 330 Md. 540 (1993) – Courts may invalidate regulations that exceed statutory authority.
Maryland Racing Comm'n v. McGee, 212 Md. App. 82 (2013) – Agencies must comply with procedural requirements.
VI. Role of Independent and Quasi-Independent Agencies, Boards, and Commissions
Certain bodies operate with autonomy or shared governance structures and have independent rulemaking authority, subject to APA procedures unless exempted.
Examples:
Public Service Commission (PSC): Regulates utilities (Public Utilities Article).
Maryland Insurance Administration (MIA): Regulates insurers (Insurance Article).
State Board of Elections, Professional Licensing Boards, Environmental Commissions, etc.
Many of these entities are governed by specific enabling statutes that modify or supplement APA requirements.
VII. Timelines Governing the Regulatory Process
Step | Governing Source | Timeline |
Notice of Proposed Action | Md. Code Ann., State Gov't § 10-112 | Minimum 30 days before final adoption |
Public Comment Period | APA | Minimum 30 days |
Final Action Publication | APA | No earlier than 10 days after notice |
Emergency Regulation Duration | Md. Code Ann., State Gov't § 10-111 | Up to 180 days |
AELR Review/Delay | Md. Code Ann., State Gov't § 10-111.1 | Up to 30-day delay upon request |
Judicial Review Filing Deadline | Md. Code Ann., State Gov't § 10-222 | Within 30 days of final agency action |
VIII. Conclusion
Maryland's regulatory process is deliberately structured to ensure transparency, public participation, and checks and balances across all branches of government. The statutory and procedural requirements outlined in the Maryland Administrative Procedure Act, and reinforced by judicial decisions and legislative oversight, ensure that agencies act within the scope of their legal authority.
For clients seeking to monitor, influence, or challenge regulatory actions in Maryland, legal counsel with deep experience in administrative law and legislative affairs is essential. Manno & Associates LLC offers strategic legal and government relations services to ensure clients remain compliant, informed, and influential throughout the regulatory process.
Contact Manno & Associates LLC for tailored legal guidance on regulatory matters in Maryland, including rulemaking strategy, AELR advocacy, and judicial review.