# COMAR Title 07 — Department of Human Services

## Subtitle 01 — Office of the Secretary

### Chapter 01 — Regulation Adoption and Declaratory Rulings

**Authority:** State Government Article, §§10-122, 10-123, 10-304, and 10-305, Annotated Code of Maryland

**Administrative History:** Effective date: January 5, 1977 (4:1 Md. R. 16)

**Administrative History:** Regulation .03 amended effective February 8, 1980 (7:3 Md. R. 262)

**Administrative History:** Regulations .01—.04 repealed and new Regulations .01—.05 adopted as an emergency provision effective March 9, 1998 (25:8 Md. R. 593); adopted permanently effective June 1, 1998 (25:11 Md. R. 820)

#### Regulation .01 Secretary of the Department.

*COMAR 07.01.01.01*

A. The Secretary of Human Services is responsible for promulgating the regulations of the Department.

B. For all agencies within the jurisdiction of the Department, the Secretary shall:

  (1) Review all proposed new regulations and amendments to regulations; and

  (2) Adopt, revise, or disapprove the proposed action.

C. Within the Department's jurisdiction are all of the Department's administrations, divisions, boards, commissions, offices, and other agencies.

#### Regulation .02 Adoption of Regulations.

*COMAR 07.01.01.02*

The Secretary shall propose and adopt all new, amended, and repealed regulations for regular promulgation and emergency action as prescribed in the Administrative Procedure Act, Annotated Code of Maryland.

#### Regulation .03 Waivers of Regulations.

*COMAR 07.01.01.03*

The Secretary may waive any regulation in this title for:

A. Purposes of a pilot or demonstration program; and

B. A maximum of 3 years from the date of the program implementation at which time the Secretary shall instruct the agency responsible for the pilot or demonstration program to:

  (1) Dissolve the pilot or demonstration program, or

  (2) Submit a petition to promulgate regulations to establish a permanent program.

#### Regulation .04 Petition for the Adoption or Waiver of Regulations.

*COMAR 07.01.01.04*

A. Who May File.

  (1) An interested person may file a petition with the Secretary requesting the promulgation, amendment, or repeal of a regulation.

  (2) A subdivision within the jurisdiction of the Department, as specified in Regulation .01C of this chapter, may file a petition requesting a waiver of a regulation for purposes of a pilot or demonstration program.

B. Form. The petition shall:

  (1) Be in writing;

  (2) Contain a:

    (a) Brief statement of a regulation requested to be promulgated, referenced to the regulation, amendment, or repeal being sought, and a statement of:

      (i) Any proposed amendment, and

      (ii) Reasons to support the proposed regulation change; or

    (b) Brief statement and justification of the requested waiver; and

  (3) Include the petitioner's:

    (a) Name;

    (b) Address;

    (c) Telephone number; and

    (d) Facsimile number, if available.

C. Petition Filed.

  (1) The petition shall be filed with the Secretary of Human Services for the Secretary's consideration and disposition.

  (2) A petition addressed to other Department officials or employees shall be forwarded to the Secretary within 48 hours of receipt of the petition.

  (3) The time period to respond to the petition, as indicated in §E of this regulation, begins on the date the Secretary receives the petition.

D. Consideration. The Secretary shall consider the petition and may use any of the following procedures to obtain additional information or views:

  (1) Publication of the petition or its summary in the Maryland Register;

  (2) Submission of the petition to other interested individuals requesting comments;

  (3) Public meetings or hearings on the petition; or

  (4) Any other procedure designed to obtain the views of the public on the petition's subject matter.

E. Disposition. Within 60 days after receipt of the petition, the Secretary shall:

  (1) Either:

    (a) Deny the petition stating the reasons for the denial, or

    (b) Initiate the promulgation or waiver of the regulation; and

  (2) Send written notice of the action taken on the petition to:

    (a) The petitioner, and

    (b) Any other individual requesting notification.

F. Department Records.

  (1) The Secretary shall maintain a file of all submitted petitions and responses.

  (2) The file shall be available for public inspection.

#### Regulation .05 Petition for Declaratory Rulings.

*COMAR 07.01.01.05*

A. Who May File. Any person may file with the Secretary a petition for a declaratory ruling regarding the applicability of a statute or regulation pertaining to the Department to any:

  (1) Person;

  (2) Property; or

  (3) State of facts.

B. Form. The petition shall:

  (1) Be in writing;

  (2) Contain a detailed statement of the facts to which the applicability of the statute or regulation is questioned and pose the question of whether and how the stated statute or regulation applies to the facts in the petition;

  (3) Include the petitioner's:

    (a) Name,

    (b) Address,

    (c) Telephone number, and

    (d) Facsimile number, if available; and

  (4) Include a notarized statement from the petitioner that the facts in the petition are true to the best of the petitioner's knowledge, information, and belief.

C. Submission, Consideration, and Disposition.

  (1) The petitioner shall file the petition with the Secretary for consideration and disposition.

  (2) The Secretary shall:

    (a) Consider the petition; and

    (b) Make a decision on the requested declaratory ruling.

  (3) The Secretary shall:

    (a) Notify the petitioner in writing of the decision within 60 days of receipt of the petition; and

    (b) Include the reasons for the action the Secretary may take.