Md. Code Regs. 10.27.08.03

Current through Register Vol. 51, No. 22, November 1, 2024
Section 10.27.08.03 - Consideration and Disposition
A. In rendering its ruling the Board or its designee:
(1) Shall consider all materials submitted with the petition;
(2) May consider any document, data, or other relevant material;
(3) May consult individuals;
(4) May consider comments from the staff; or
(5) May require argument of the question or permit the introduction of evidence.
B. Disposition.
(1) A declaratory ruling issued shall be in writing, stating the:
(a) Question;
(b) Decision;
(c) Description of factors considered; and
(d) Sources relied upon.
(2) A declaratory ruling issued by the Board shall plainly state that it is a declaratory ruling pursuant to these regulations.
(3) A written answer from the Board or any employee of the Board to an inquiry may not be construed as a declaratory ruling unless made in conformity with these regulations.
C. Publication and Inspection.
(1) The Board shall keep a record of each declaratory ruling issued.
(2) The Board may publish declaratory rulings of general interest subject to the mandates of the Public Information Act, State Government Article, §10-601 et seq., Annotated Code of Maryland, and allow inspection of the declaratory rulings subject to the Public Information Act.
D. The Board may refuse to consider a petition if the:
(1) Request contains incomplete information upon which to base an informed declaratory ruling;
(2) Board or its designee concludes that a declaratory ruling cannot reasonably be given on the matter;
(3) Matter is adequately covered by a prior:
(a) Regulation,
(b) Declaratory ruling,
(c) Decision,
(d) Legal opinion; or
(4) The Board or its designee concludes that a ruling would not be in the public interest.

Md. Code Regs. 10.27.08.03

Regulation .03 amended effective April 16, 2001 (28:7 Md. R. 690)