Md. Code Regs. 10.44.16.05 - Effect, Revision, and Appeal
A.
A declaratory ruling shall be binding upon the Board and the petitioner on the
statement of facts covered in the declaratory ruling and set forth in the
petition.
B. A petitioner may apply
for revision of a declaratory ruling.
C. The petitioner's application for revision
of the declaratory ruling shall:
(1) Be filed
within 10 days after the issuance of the declaratory ruling;
(2) State the grounds for the revision;
and
(3) Stay enforcement of the
declaratory ruling until disposition.
D. Upon receipt of the application, the Board
may:
(1) Reopen the declaratory ruling to
receive additional information;
(2)
Amend its ruling or its statement of reasons for the ruling;
(3) Set forth additional findings or reasons;
and
(4) Enter new findings, new
reasons, or a new ruling.
E. The Board shall grant or deny the
application for revision within 45 days of its receipt.
F. The Board may exercise revisory power and
control over the declaratory ruling in the case of fraud, mistake, or
irregularity.
G. A declaratory
ruling is subject to review as provided in State Government Article, ยง
10-305, Annotated
Code of Maryland.
Notes
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