Section 22-309 - Orders after protest hearings.

§ 22-309. Orders after protest hearings.
 

(a)  Order after hearing.-  

(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)  Effect of order.- 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. 
 

[An. Code 1957, art. 43, § 891; 1982, ch. 240, § 2; 1983, ch. 563; 1987, ch. 306, §§ 2, 15; 1988, ch. 6, § 11.]