# COMAR Title 02 — Office of the Attorney General

## Subtitle 01 — Consumer Protection Division

### Chapter 03 — Petitions for Adoption of Regulations

**Authority:** State Government Article, §10-122, Annotated Code of Maryland

**Administrative History:** Effective date: September 29, 1976 (3:20 Md. R. 1143)

**Administrative History:** Regulation .02 amended effective February 27, 2006 (33:4 Md. R. 351)

**Administrative History:** Regulation .03 amended effective February 27, 2006 (33:4 Md. R. 351)

**Administrative History:** Regulation .04 amended effective February 27, 2006 (33:4 Md. R. 351)

#### Regulation .01 General.

*COMAR 02.01.03.01*

These regulations are promulgated pursuant to State Government Article, §10-122, Annotated Code of Maryland, for the purpose of establishing procedures by which the public may petition the Division of Consumer Protection for substantive adoption of regulations.

#### Regulation .02 Petition.

*COMAR 02.01.03.02*

Any person may request that the Consumer Protection Division, Office of the Attorney General, promulgate regulations related to any matter over which the Division has jurisdiction. The request shall be made by petition and shall state clearly and concisely the following:

A. The substance or the nature of the regulation adoption which is requested;

B. The reasons for the request and the person's interest in the request; and

C. References to the authority of the Division to take the action which is requested.

#### Regulation .03 Referral to Consumer Council.

*COMAR 02.01.03.03*

The petition shall be referred to the Consumer Protection Commission so the Division can receive the Council's advice.

#### Regulation .04 Disposition of Petition.

*COMAR 02.01.03.04*

A. Within 60 days of receipt of the petition, the Division shall determine whether sufficient cause exists to warrant the holding of a regulation adoption proceeding.

B. If the petition does not warrant the holding of a regulation adoption proceeding, the Division shall promptly give notice of this fact to the person who filed the petition, including a brief statement of its reason for the denial.

#### Regulation .05 Procedure for Adoption of Regulations.

*COMAR 02.01.03.05*

If a determination is made that the petition is sufficient to warrant further regulation adoption proceedings, the Division shall comply with the procedures in Commercial Law Article, §13-205, Annotated Code of Maryland.