Md. Code Regs. 36.01.02.04

Current through Register Vol. 51, No. 24, December 2, 2024

Section 36.01.02.04 - Petition for Declaratory Ruling

A. Submissions. A person may submit a petition with the Agency seeking the issuance of a declaratory ruling with respect to the applicability of a regulation, order, or statute enforceable by the Agency.

B. Petition Requirements.

(1) Form.

(a) The petition shall:

(i) Be in writing and specifically state the declaratory ruling sought;

(ii) Include a detailed statement of the relevant facts and the petitioner's argument in support of the position asserted in the petition; and

(iii) Include a statement concerning the interest of the petitioner in the controversy and how a declaratory ruling would affect the petitioner's interest.

(2) Submission and Consideration.

(a) The petition shall be submitted to the Director.

(b) The Director:

(i) Shall consider the petition; and

(ii) May delegate the preparation of written findings of fact and proposed conclusions of law.

C. Disposition.

(1) If the Director decides not to issue a declaratory ruling, the Director shall notify the petitioner in writing, stating briefly the reasons for the refusal.

(2) If the Director decides to issue a declaratory ruling, the Director shall after appropriate consideration, issue the ruling in writing, stating the findings of fact and conclusions of law.

(3) Unless reviewable by the Commission under §E of this regulation, the Director's decision is final.

D. Effect of Declaratory Ruling. A final declaratory ruling is binding between the Agency and the petitioner on the statement of facts set forth in the final ruling.

E. Review By Commission.

(1) The Director's decision shall be forwarded to the Commission for its review and approval before it may be considered final for a petition for declaratory ruling under:

(a) State Government Article, Title 9, Subtitles 1, 1A, 1B, 1D, and 1E, Annotated Code of Maryland, or regulations promulgated thereunder; and

(b) Criminal Law Article, Title 12, Subtitle 3, Annotated Code of Maryland, or regulations promulgated thereunder.

(2) The Commission's approval of the Director's decision makes the Director's decision final.

F. Judicial Review. A final declaratory ruling is subject to judicial review in the manner provided for by State Government Article, § 10-222, Annotated Code of Maryland.

G. Agency File.

(1) The Agency shall maintain a file of:

(a) All petitions submitted for declaratory ruling; and

(b) The Director's responses and rulings.

(2) The Agency's file is a public record as defined in General Provisions Article, § 4-101, Annotated Code of Maryland.

Md. Code Regs. 36.01.02.04

Regulation .04 amended effective 42:6 Md. R. 515, eff.3/30/2015; amended effective 46:1 Md. R. 13, eff. 1/14/2019; amended effective 48:18 Md. R. 690, eff. 8/5/2021; amended effective 49:1 Md. R.16, eff. 1/13/2022