Section 5-312 - Decision by Commissioner; adoption.

§ 5-312. Decision by Commissioner; adoption.
 

(a)  Application of State Government Article.- To adopt a proposed regulation, the Commissioner shall comply with this section and Title 10, Subtitle 1 of the State Government Article. 

(b)  Notice of intent.- If, after receipt of a recommendation from the Board, the Commissioner decides to adopt the proposed regulation, within 45 days after the Board submits the recommendation, the Commissioner shall initiate the process for publishing and issuing the proposed regulation. 

(c)  Hearing.- A public hearing is not required to adopt, by reference, a proposed regulation that is identical to: 

(1) a regulation or rule adopted by another unit of the State government; 

(2) a standard on occupational safety and health that is adopted by an organization that is nationally recognized as setting standards; or 

(3) a standard on occupational safety and health that is adopted by the federal government and that is currently in effect. 
 

[An. Code 1957, art. 89, §§ 29, 31; 1991, ch. 8, § 2; ch. 638.]