# COMAR Title 05 — Department of Housing and Community Development

## Subtitle 01 — General Provisions

### Chapter 03 — Petition for Declaratory Rulings

**Authority:** State Government Article, §10-304, Annotated Code of Maryland

**Administrative History:** Effective date: November 14, 1988 (15:23 Md. R. 2656)

#### Regulation .01 General.

*COMAR 05.01.03.01*

These regulations are promulgated pursuant to State Government Article, § 10-304, Annotated Code of Maryland, for the purpose of establishing procedures by which the public may petition the Department of Housing and Community Development for a declaratory ruling.

#### Regulation .02 Definitions.

*COMAR 05.01.03.02*

A. In these regulations, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Department” means the Department of Housing and Community Development.

  (2) “Secretary” means the Secretary of Housing and Community Development or the Secretary's designee.

#### Regulation .03 Who May File.

*COMAR 05.01.03.03*

Any interested person may file a petition for declaratory ruling with respect to the manner in which the Department would apply a regulation or order of the Department, or a statute that the Department enforces, to a person or property on the facts set forth in the petition.

#### Regulation .04 Where to File.

*COMAR 05.01.03.04*

A petition shall be filed with the Secretary for the Secretary's consideration and disposition.

#### Regulation .05 Form.

*COMAR 05.01.03.05*

The petition shall:

A. Be in writing;

B. Contain a detailed statement of the facts on which the petition is based;

C. Fully set forth the regulations or statutes involved;

D. Pose the question of whether, and in what manner, the regulations or statutes apply to the petitioner under the facts contained in the petition;

E. Contain the name, address, and telephone number of the petitioner; and

F. Contain a statement by the petitioner, under oath, that the facts contained in the petition are true.

#### Regulation .06 Consideration and Disposition.

*COMAR 05.01.03.06*

The Secretary shall consider the petition and may issue the declaratory ruling requested. The Secretary may require argument on the petition. A declaratory ruling is binding upon the agency and the petitioner, to the extent permitted by law, on the facts alleged. Any declaratory ruling issued shall be in writing and shall state the reasons for the decision. A copy of the declaratory ruling shall be delivered to the petitioner.

#### Regulation .07 Agency File.

*COMAR 05.01.03.07*

The Department shall maintain a file of all petitions submitted and the declaratory rulings issued. This file shall be available for public inspection to the extent permitted by law.