# COMAR Title 05 — Department of Housing and Community Development

## Subtitle 01 — General Provisions

### Chapter 04 — Petition for Adoption of Regulations

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

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

#### Regulation .01 General.

*COMAR 05.01.04.01*

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 Department of Housing and Community Development for the adoption of regulations.

#### Regulation .02 Definitions.

*COMAR 05.01.04.02*

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 05.01.04.03*

Any interested person may file a petition with the Secretary requesting the promulgation, amendment, or repeal of any regulation.

#### Regulation .04 Form.

*COMAR 05.01.04.04*

The petition shall:

A. Be in writing;

B. Contain a clear and concise statement of the regulation, amendment, or repeal which is sought;

C. Contain a statement of reasons in support of the proposed regulation change; and

D. Contain the name, address, and telephone number of the petitioner.

#### Regulation .05 Petition Filed.

*COMAR 05.01.04.05*

The petition shall be filed with the Secretary for the Secretary's consideration and disposition. The time period for response to a petition begins when the petition is received by the Secretary.

#### Regulation .06 Disposition.

*COMAR 05.01.04.06*

Within 60 days after receipt of the petition, the Secretary shall either deny the petition in writing, stating the reasons for the denial, or initiate the procedures for adoption of the regulation as submitted or with appropriate modifications as determined by the Secretary to be in the best interest of the Department.

#### Regulation .07 Agency File.

*COMAR 05.01.04.07*

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