Md. Code Regs. 36.01.02.05

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

Section 36.01.02.05 - Petition for Promulgation, Amendment, or Repeal of a Regulation

A. Submissions. A person may submit a petition requesting the promulgation, amendment, or repeal of a regulation concerning which the Agency has rulemaking authority.

B. Form and Submission.

(1) The petition shall:

(a) Be submitted to the Director in writing;

(b) Include the name, address, and telephone number of the petitioner;

(c) Generally describe the regulation sought or identify the regulation which the petitioner seeks to amend or repeal; and

(d) Include a brief statement of reasons in support of the petition.

(2) The petition may be in the form of a letter or any other written form as requested by the Director.

C. Consideration.

(1) Upon receipt of the petition, the Director shall consider the petition.

(2) In considering the petition, the Director may use any of the following procedures to obtain additional information or views:

(a) Publication of the petition or a summary of it in the Maryland Register;

(b) Submission of the petition to other interested persons requesting their comments;

(c) Public meetings or hearings on the petition; or

(d) Any other procedure designed to obtain the views of the public on the subject matter of the petition.

D. Disposition.

(1) Within 60 days after submission of the petition, the Director shall either:

(a) Deny the petition, stating the reason for denial; or

(b) Initiate rulemaking proceedings.

(2) Within 60 days after submission of the petition, the Director shall forward the petition to the Commission with a recommendation to deny the petition or initiate rulemaking proceedings for a petition pertaining to regulations promulgated under:

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

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

(3) The Director shall send written notice of the final action taken on the petition to the petitioner and any other person requesting notification.

E. Agency File.

(1) The Agency shall maintain a file of all:

(a) Petitions submitted; and

(b) 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. 36.01.02.05

Regulation .05 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