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- 2023 Edition
- Title 15. Maryland Department of Agriculture
- Subtitle 01. Office of the Secretary
- Chapter 15.01.13. Supervision and Review of Decisions and Actions of Units Within the Department
Md. Code Regs. 15.01.13.03 Secretary's Supervision Responsibilities
Library | Maryland Administrative Code |
Edition | 2023 |
Currency | Current through Register Vol. 50, No. 26, December 29, 2023 |
Citation | Md. Code Regs. 15.01.13.03 |
Year | 2023 |
A. The Secretary is responsible for supervising each unit within the Department that is composed in whole or in part of individuals participating in the occupation or profession regulated by the unit to:
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(1) Prevent unreasonable
anticompetitive actions by the unit; and
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(2) Determine whether the decisions and
actions of the unit with anticompetitive effect further an affirmatively
expressed and clearly articulated State policy to displace competition in the
unit's regulated market (as opposed to serving the private interests of the
market participant regulators).
B. For purposes of the Secretary's responsibilities under this chapter, the following types of decisions and actions of a unit generally are not unreasonable anticompetitive actions by the unit:
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(1) Ministerial or nondiscretionary
acts undertaken in good faith implementation of the unit's enabling
legislation;
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(2) An investigation
charge, or disposition of a disciplinary charge against a single individual
subject to the regulatory authority of a unit involving an issue such as
standard of care; and
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(3) The
initiation and prosecution of a lawsuit by a regulatory board unless it falls
within the "sham exception. " Professional Real Estate Investors v. Columbia
Pictures Industries, 508 U.S. 49 (1993); California Motor Transport Co. v
Trucking Unlimited, 404 U.S. 508 (1972).
C. For purposes of the Secretary's responsibilities under this chapter, the types of decisions and actions for which anticompetitive consequences should be evaluated, include, but are not limited to:
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(1) Decisions or actions governing
the scope of a licensed...
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