What is the process of rulemaking?

Rulemaking is the process by which a governmental agency creates, implements, and enforces new laws or regulations. In Maryland, the Administrative Procedure Act outlines the process for the creation and implementation of administrative rules and regulations. The rulemaking process begins with a proposal from the agency. This is often in response to legislation, a need identified in the community, or other request. Once the proposal is made, the agency will publish the proposed rules in the Maryland Register. This will allow for a period of public comment and feedback. This comment period is often a minimum of 30 days, but can be extended if necessary. Once the comment period is closed, the agency will review all comments and suggestions and amend the proposed rules accordingly. These changes will be published in the Maryland Register and the agency will hold a public hearing. This is the opportunity for members of the public to weigh in on the proposed rule and question the agency. After the public hearing, the agency will review the public comments and make further changes if necessary. Once the agency is satisfied with the rule, it will be officially adopted by the agency, published in the Maryland Register and filed with the Department of Legislative Services. At this point, the rule is officially implemented and enforced. This is the final step in the rulemaking process and the rules become part of the Maryland statutes.

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