Department of Legislative Services
Maryland General Assembly
FISCAL AND POLICY NOTE
Senate Bill 239
(Senator Stone, et al.)
Administrative Procedure Act - Exemption - Death Penalty Protocols
This bill exempts from the requirements of the Administrative Procedure Act the
protocols of the Department of Public Safety and Correctional Services governing the
administration of the death penalty, including any execution operations manual.
The bill is effective June 1, 2007.
State Effect: None. The bill’s requirements could be met with existing resources.
Local Effect: None.
Small Business Effect: None.
Current Law: The requirements of the Administrative Procedure Act apply to each unit
in the Executive Branch of State government, and each unit that is created by public
general law and operates in at least two counties. The Administrative Procedures Act
does not apply to a unit in the Legislative or Judicial branches, the Injured Workers’
Insurance Fund, a board of license commissioners, or the Rural Maryland Council.
The Administrative Procedure Act sets forth the requirements for the review of
regulations adopted by units of government under the jurisdiction of the Act, including
requirements for notice, hearing, review, and publication. A “regulation” is a statement,
SB 239 / Page 2
amendment, or repeal of a statement that has general application and future effect. It is a
statement adopted by a unit of government to detail or implement a law administered by
the unit, or to govern its organization, procedures, and practices. A regulation may be in
any form including a guideline, rule, standard, or statement of interpretation or policy. A
regulation is not effective unless it is authorized by statute, therefore it must contain a
citation of the statutory authority for the regulation.
A unit of the Executive Branch that proposes a regulation must submit it for preliminary
review by the Joint Committee on Administrative, Executive and Legislative Review