(a) Notwithstanding the provisions of the Administrative Procedure Act, if the Secretary believes that a toy or other article presents an imminent electrical, mechanical, or thermal hazard to the public health and that proper labeling cannot correct the hazard, the Secretary shall issue a temporary rule or regulation, effective immediately, that:
(1) Declares the toy or other article to be a banned hazardous material; and
(2) Requires its immediate removal from commerce.
(b) Immediately after the Secretary issues a temporary rule or regulation under subsection (a) of this section, the Secretary shall:
(1) Give notice of and hold a hearing on the temporary rule or regulation; and
(2) As promptly as possible, complete proceedings under § 22-502 of this subtitle for adoption of the rule or regulation.
(c) The Secretary shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
Structure Maryland Statutes
Title 22 - Poisons, Dangerous Household Substances, Flammable Products, and Hazardous Materials
Subtitle 5 - Hazardous Materials
Section 22-501 - "Hazardous Material" Defined
Section 22-502 - Rules and Regulations
Section 22-503 - Misbranded Hazardous Material
Section 22-504 - Immediate Ban Where Imminent Hazard Exists
Section 22-505 - Judicial Review
Section 22-506 - Right of Entry, Inspection, and Samples
Section 22-507 - Right of Entry for Inspection; Publication and Dissemination
Section 22-508 - Investigation Results Available as Evidence