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In MD, The Baltimore City Board of Licenses for Trespass Towing promulgated new Rules and Regulations in 2013. Under Article 15, ss 22-3 of the City Code, the Board shall promulgate and adopt rules and regulations after notice and a hearing. The Board conducted a hearing Jan. 2013 to discuss the proposed rules. The Board required all governed towing companies to begin compliance with some of the new rules and regulations at that hearing, specifically mandatory drug and alcohol testing of employees. The Board suspended our towing privileges at a June 2013 hearing for failure to comply with a training certification required under the new rules. However, the Board admitted in a recorded hearing July 2013 that the new rules and regulations had not been adopted or ratified yet because the legal department needed to ensure compliance with City Code and state law. The Board 's position was that since all the other companies had complied with the training requirement, my company should be suspended. I confirmed with the Baltimore City Department of Legislative Reference that The Board is not required to record official notice there because Article 15 is unspecific and vague. To my knowledge, The Board is exempt from State requirements under the Maryland State Government Annotated Code Title 10 sections 1, 2 & 3 "Administrative Procedures Act" regarding adoption and implementation of rules and enforcement. My question: Can The Board suspend our right to conduct business (tow) based upon rules that have not been adopted? Did the Board fail to comply with Article 15 and violate my right
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