(a) (1) As soon as practicable after a hearing on a protest against a rule or regulation under § 22-308 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 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 22 - Poisons, Dangerous Household Substances, Flammable Products, and Hazardous Materials
Subtitle 3 - Child Resistant Packaging of Dangerous Household Substances
Section 22-302 - Compliance With Federal Regulations
Section 22-303 - Rules and Regulations -- in General
Section 22-304 - Rules and Regulations -- Required Considerations
Section 22-305 - Rules and Regulations -- Procedures for Adoption
Section 22-306 - Effective Date and Protest of State Adopted Federal Regulations
Section 22-307 - Effective Date and Protest of Rules and Regulations Proposed by Secretary
Section 22-309 - Orders After Protest Hearings
Section 22-310 - Packaging for Elderly Individuals or Individuals With Disabilities
Section 22-311 - Packaging of Dangerous Household Substances Dispensed Under Prescription