Current through Register Vol. 51, No. 25, December 13, 2024
Section 10.37.10.35 - Consideration and DispositionA. Consideration. (1) The petition shall be granted whenever the Commission deems issuing a declaratory ruling advisable under the circumstances.(2) In rendering its declaratory ruling, the Commission: (a) Shall consider all the materials submitted with the petition; or(b) May, in its discretion: (i) Consult individuals or materials outside the corners of the petition; or(ii) Require argument of the question or permit the introduction of evidence.B. Disposition. (1) A declaratory ruling issued shall be in writing, stating the: (c) Facts upon which the conclusion was based; and(2) A declaratory relief issued by the Commission shall plainly state on its face that it is a declaratory ruling pursuant to this regulation.(3) A written answer from the Commission to an inquiry may not be construed as a declaratory ruling unless made in conformity with these regulations.C. Publication and Inspection. The Commission:(1) Shall keep a record of each declaratory ruling issued and index all declaratory rulings issued by reference to statute or statutes or regulation or regulations involved.(2) May publish a declaratory ruling 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. Denial of a Petition for Declaratory Ruling. A petition may be denied if the: (1) Request contains incomplete information upon which to base an informed declaratory ruling;(2) Commission concludes that a declaratory ruling cannot reasonably be given on the matter;(3) Matter is adequately covered by a prior regulation, declaratory ruling, decision, or legal opinion; or(4) Commission concludes that a declaratory ruling would not be in the public interest.Md. Code Regs. 10.37.10.35
Regulation .35 adopted effective August 1, 1987 (14:15 Md. R. 1660)