Md. Code Regs. 10.32.16.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.32.16.03 - Consideration and Disposition

A. Consideration.

(1) A petition will be granted whenever the Board or the Board's designee considers issuing a declaratory ruling advisable under the circumstances.

(2) In rendering its ruling, the Board or the Board's designee:

(a) Shall consider all materials submitted with the petition;

(b) May consider any document, data, or other relevant material;

(c) May consult individuals;

(d) May consider comments from the staff; and

(e) May require argument of the question or permit the introduction of evidence by the petitioner or, in the Board's sole discretion, by other persons.

(3) Consideration of the proposed rulings prepared by the Board's designee shall be conducted according to procedures adopted by the Board in each case.

B. Disposition.

(1) A declaratory ruling issued shall be in writing, stating the:

(a) Issue;

(b) Conclusion;

(c) Facts on which the conclusion was based; and

(d) Sources relied upon.

(2) A declaratory ruling issued by the Board shall plainly state that it is a declaratory ruling pursuant to this chapter.

(3) A written answer from the Board or any employee or committee of the Board to an inquiry is not a declaratory ruling unless made in conformity with this chapter.

C. Publication and Inspection.

(1) The Board shall keep a record of each declaratory ruling issued and index all declaratory rulings issued by reference to the statute or regulation involved.

(2) The Board may publish declaratory rulings of general interest subject to the mandates of State Government Article, Title 10, Subtitle 6, Part III, Annotated Code of Maryland, and allow inspection of the declaratory rulings subject to that statute.

D. Denial. A petition may be denied if the:

(1) Request contains incomplete information on which to base an informed declaratory ruling;

(2) Board or the Board's designee concludes that a declaratory ruling cannot reasonably be given on the matter;

(3) Matter is adequately covered by a:

(a) Regulation,

(b) Declaratory ruling,

(c) Decision, or

(d) Legal opinion;

(4) Matter is the subject of a pending disciplinary proceeding; or

(5) The Board or the Board's designee concludes that a ruling would not be in the public interest.

Md. Code Regs. 10.32.16.03