Md. Code Regs. 10.44.16.04 - Consideration and Disposition

A. A petition will be granted unless the Board or its designee considers a declaratory ruling inadvisable due to considerations listed in §H of this regulation.

B. 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.

C. A declaratory ruling issued shall be in writing, stating the:

(1) Issue;

(2) Conclusion;

(3) Facts upon which the conclusion was based; and

(4) Sources relied upon.

D. A declaratory ruling issued by the Board shall plainly state that it is a declaratory ruling made pursuant to these regulations.

E. 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.

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

G. 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.

H. A petition may be denied 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:

(a) Prior regulation,

(b) Declaratory ruling,

(c) Decision, or

(d) Legal opinion; or

(4) Board or its designee concludes that a ruling would not be in the public interest.

Notes

Md. Code Regs. 10.44.16.04