Sec. 01.01.1993.12. Regulatory Reform to Support Manufacturing and Technology-Related Industries

A. The purpose of this Executive Order is:

(1) To establish general policy guidelines for Executive agencies regarding the enforcement and enactment or modification of regulations affecting manufacturing and technology-related industries.

(2) To provide accountability mechanisms that apply to State agencies to ensure that these general policy guidelines are implemented.

B. Policy Guidelines.

(1) State agencies that regulate manufacturing and technology-related industries (regulatory agencies) shall provide opportunities for consultations with affected industries prior to publishing a proposed regulation in the Maryland Register.

(2) Agencies should make technical assistance to help businesses comply with regulatory requirements a priority service.

(3) Regulatory agencies shall, to the extent practicable, provide businesses that are first-time violators of an agency regulation, a reasonable opportunity to take corrective action rather than issue fines (unless required by Federal or State law) and shall provide appropriate guidance to assist a business in correcting the violation and avoiding future violations.

(4) When businesses are required to obtain multiple permits from, or submit to multiple inspections by, State and local agencies, regulatory agencies shall coordinate with other State and local agencies to streamline permitting and inspection processes and eliminate duplicative requirements.

(5) State agencies shall establish and maintain review and decision timetables for permit applications.

C. Accountability Mechanisms.

(1) The Departments of Environment, Licensing and Regulation, Natural Resources, and Economic and Employment Development shall form a working group to coordinate and oversee the implementation of this Executive Order.

(2) Each regulatory agency shall, by December 31, 1993, submit to the working group a technical assistance plan that examines its current capacity to provide technical assistance to affected industries, identifies the degree of unmet technical assistance, and presents a plan to address any unmet needs. This plan shall be updated and submitted to the working group by December 31 of each subsequent year.

(3) In cooperation with local officials, the working group shall identify problems and solutions in the permitting and inspection processes in State and local government agencies.

(4) Each State agency that is a part of the working group shall provide performance data on its success in meeting the review and decision timetables for permit applications that are required by this Executive Order.

(5) The working group shall ensure that the views of the affected industries and local officials are considered in its ongoing activities.

D. This Executive Order is not intended to and may not be construed to confer any right, privilege, or status on any private party cognizable by a court in any proceeding. No action of a State agency may be deemed, held, or otherwise considered to be unenforceable due to a failure to comply with the terms of this Executive Order.

Effective date: March 19, 1993 (20:8 Md. R. 678)