1. (a) Notwithstanding the provisions of the Administrative Procedure Act,¹ if the Secretary believes that a toy or other article presents an imminent electrical, mechanical, or thermal hazard to the public health and that proper labeling cannot correct the hazard, the Secretary shall issue a temporary rule or regulation, effective immediately, that:

   1. (1) Declares the toy or other article to be a banned hazardous material; and
   2. (2) Requires its immediate removal from commerce.

2. (b) Immediately after the Secretary issues a temporary rule or regulation under subsection (a) of this section, the Secretary shall:

   1. (1) Give notice of and hold a hearing on the temporary rule or regulation; and
   2. (2) As promptly as possible, complete proceedings under § 22-502 of this subtitle for adoption of the rule or regulation.
3. (c) The Secretary shall give notice and hold the hearing in accordance with the Administrative Procedure Act.

Added as Health-Environmental § 7-104 by Acts 1982, c. 240, § 2, eff. July 1, 1982. Transferred to Health-General § 22-504 by Acts 1988, c. 277, § 1, eff. June 1, 1988. Amended by Acts 1989, c. 5, § 1, eff. March 9, 1989.

Formerly Art. 43, §§ 810, 811.

State Government § 10-101 et seq.