Chapter 07. Petitions for Adoption, Amendment, or Repeal of Regulations
Regulation .01 Scope.LinkCopy Citation
This chapter applies to all petitions submitted to the Department to promulgate, amend, or repeal a regulation over which the Secretary has rulemaking authority in accordance with State Government Article, §10-122, Annotated Code of Maryland..
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Department” means the Maryland Department of Health.
(2)
“Petition” means a petition to promulgate, amend, or repeal a regulation.
(3)
“Petitioner” means an interested person filing a petition to the Department to promulgate, amend, or repeal a regulation.
(4)
“Regulation” has the meaning stated in State Government Article, §10-101, Annotated Code of Maryland.
(5)
“Secretary” means the Secretary of Health.
Regulation .03 Who May File.LinkCopy Citation
Any interested person may file a petition requesting the promulgation, amendment, or repeal of any regulation over which the Secretary has rulemaking authority.
Regulation .04 Form and Submission of Petition.LinkCopy Citation
A.
A petition shall be in writing and include:
(1)
A detailed description of the regulation which the petitioner requests the Department to promulgate, amend, or repeal;
(2)
If a request for amendment or repeal, a citation to the affected regulation;
(3)
A statement in support of the petition; and
(4)
The petitioner’s:
(a)
Name;
(b)
Signature;
(c)
Address; and
(d)
Telephone number.
B.
A petition shall be submitted by the petitioner to the Director of the Department’s Office of Regulation and Policy Coordination via email or U.S. Mail.
Regulation .05 Disposition and Notification Requirements.LinkCopy Citation
A.
Disposition of Petition. Within 60 days after receipt of a petition, the Secretary shall:
(1)
Deny the petition; or
(2)
Initiate rulemaking proceedings.
B.
Notification Requirements.
(1)
If the Secretary denies the petition, the Secretary shall provide in writing the reason for denial in accordance with Regulation .06 of this chapter.
(2)
If the Secretary initiates rulemaking proceedings, the Secretary shall provide in writing notification to the petitioner:
(a)
Upon the intent to initiate rulemaking proceedings;
(b)
Upon publication of the proposed action in the Maryland Register; and
(c)
Upon final disposition through either publication of a notice of final action in the Maryland Register or discontinuation of rulemaking.
(3)
If the Secretary discontinues rulemaking proceedings the written notification provided to the petitioner in accordance with §B(2) of this regulation shall state the reasons for discontinuation.
C.
The Secretary shall provide the written notification required under §B of this regulation to any other individual requesting notification.
Regulation .06 Reasons for Denial of a Petition.LinkCopy Citation
The Secretary may deny a petition for any reason permitted by law, including, but not limited to:
A.
That the Secretary does not have the authority to grant the petition;
B.
That the Department does not have adequate information or resources to evaluate the petition;
C.
That the Department does not have adequate resources to implement the requested regulation if it is adopted;
D.
That the Secretary previously adopted a regulation dealing with the same subject matter as that of the petition and rejected the position taken by petitioner at that time, or the petitioner unreasonably failed to make his position known at that time; or
E.
That the requested regulation change is contrary to or inconsistent with Departmental policy.
Regulation .07 Rulemaking Proceedings.LinkCopy Citation
A.
Rulemaking proceedings may include any type of action which the Secretary is authorized or required by law to take when promulgating, amending, or repealing regulations, including:
(1)
Studies to gather information concerning the regulation;
(2)
Advance notice of proposed rulemaking if the Secretary determines that additional information or public comment is necessary or desirable before a proposed regulation can be formulated;
(3)
Referral to advisory councils or other official or quasi-official agencies or groups responsible for reviewing the regulation;
(4)
Proposal of the regulation in the Maryland Register;
(5)
Reproposal of the regulation if the Secretary determines that, before final adoption, the proposed regulation should be altered and any part of the proposed text differs substantively from its original text; or;
(6)
Modification of the regulation change either in form or in substance, and either before or after proposal in the Maryland Register, to better reflect the Secretary's responsibilities.
B.
Despite the initiation of rulemaking proceedings, the Secretary may decide not to promulgate, amend, or repeal the regulation.
C.
Upon final disposition, the Secretary shall provide the notification required to the petitioner in accordance with Regulation .05 of this chapter.
Regulation .08 Files of Petitions for Regulations.LinkCopy Citation
The Department shall maintain a file of all petitions submitted and their disposition. This file shall be available for public inspection in accordance with General Provisions Article, §§4-201—4-206, Annotated Code of Maryland.
Chapter annotations
Authority: State Government Article, §§10-122 and 10-123; Health-General Article, §2-104; Annotated Code of Maryland
History: Effective date: November 9, 1981 (8:22 Md. R. 1784)
History: Regulation .01B amended effective January 23, 1989 (16:1 Md. R. 69)
History: Regulation .02 amended effective January 23, 1989 (16:1 Md. R. 69)
History: Regulation .04 amended effective December 20, 1993 (20:25 Md. R. 1946)
History: Regulation .05 amended effective January 23, 1989 (16:1 Md. R. 69)
History: Regulation .06 amended effective January 23, 1989 (16:1 Md. R. 69); December 20, 1993 (20:25 Md. R. 1946)
History: Regulation .07E amended effective December 20, 1993 (20:25 Md. R. 1946)
History: Regulation .08 amended effective December 20, 1993 (20:25 Md. R. 1946)
History: Regulation .09 amended effective December 20, 1993 (20:25 Md. R. 1946)
History: Regulation .09A amended effective January 23, 1989 (16:1 Md. R. 69)
History: Regulation .10 amended effective January 23, 1989 (16:1 Md. R. 69); December 20, 1993 (20:25 Md. R. 1946)
History: Chapter revised effective March 2, 2026 (53:4 Md. R. 184)