(a) (1) As soon as practicable after a hearing on a protest to a rule or regulation under § 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.
(b) 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.
Structure Maryland Statutes
Title 21 - Food, Drugs, and Cosmetics
Subtitle 2 - Maryland Food, Drug, and Cosmetic Act
Part V - State and Federal Rules and Regulations; Administrative Procedures
Section 21-234 - General Rules and Regulations; Application of Administrative Procedure Act
Section 21-235 - Conformance of State Rules and Regulations; Federal Rules and Regulations
Section 21-236 - Application of Administrative Procedure Act to Hearing
Section 21-237 - Definitions and Standards of Identity and Quality
Section 21-238 - Authorization by Permit of Exceptions to Definitions and Standards
Section 21-240 - Effective Date and Protest of Rules and Regulations Proposed by Secretary
Section 21-241 - Effective Date and Protest of State Adopted Federal Rules and Regulations
Section 21-242 - Hearings on Protests of Rules or Regulations
Section 21-243 - Orders After Rule or Regulation Protest Hearings
Section 21-244 - Copies of Statutes; Collecting and Disseminating Information