Chapter 12. Declaratory Ruling

“Declaratory ruling” means a ruling made by a promulgating authority with respect to the manner in which the promulgating authority would apply a regulation or order of the promulgating authority, or a statute that the promulgating authority enforces, to a person or a property based on a given set of facts.

“Department” means the Maryland Department of Health.

“Person” means:

“Promulgating authority” means the promulgating authority's designee or an officer or unit of the Department that is authorized by law to adopt regulations subject to State Government Article, §§10-101—10-139, Annotated Code of Maryland, or adjudicate contested cases subject to State Government Article, §§10-201—10-207, Annotated Code of Maryland.

The interest of the petitioner in making the request;

The issues involved;

A statement of the facts;

A list of documents or statements the petitioner believes should be considered; and

A sworn statement by the petitioner that the facts contained in the petition are true to the best of the person's knowledge and belief.

Consider the petition and may issue the declaratory ruling requested;

Notify the petitioner in writing of the action decided upon and state the reasons for the decision.

The promulgating authority shall keep a record of each declaratory ruling issued and index all declaratory rulings issued by reference to statutes or regulations involved.

The promulgating authority may publish declaratory rulings of general interest subject to the mandates of the Public Information Act, State Government Article, §10-601 et seq., Annotated Code of Maryland, and allow inspection of the declaratory rulings subject to the Public Information Act.