# COMAR Title 10 — Maryland Department of Health

## Subtitle 01 — Procedures

### Chapter 12 — Declaratory Ruling

**Authority:** State Government Article, §§10-301—10-305, Annotated Code of Maryland

**Administrative History:** Effective date: June 15, 1987 (14:12 Md. R. 1350)

**Administrative History:** Chapter adopted as COMAR 10.01.13 recodified to COMAR 10.01.12

**Administrative History:** Regulation .02C amended effective January 23, 1989 (16:1 Md. R. 69)

**Administrative History:** Regulation .03B amended effective January 23, 1989 (16:1 Md. R. 69)

**Administrative History:** Chapter revised effective April 11, 1994 (21:7 Md. R. 530)

#### Regulation .01 Definitions.

*COMAR 10.01.12.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “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.

  (2) “Department” means the Maryland Department of Health.

  (3) “Person” means:

    (a) An individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind;

    (b) A partnership, firm, association, corporation, or other entity; and

    (c) A political subdivision of the State or an instrumentality of a political subdivision.

  (4) “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.

#### Regulation .02 Petition.

*COMAR 10.01.12.02*

A. An interested person may file with the promulgating authority a petition for a declaratory ruling.

B. Petition for Declaratory Ruling. The petition for a declaratory ruling shall be filed in writing and shall describe in detail:

  (1) The interest of the petitioner in making the request;

  (2) The issues involved;

  (3) A statement of the facts;

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

  (5) 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.

#### Regulation .03 Consideration and Disposition.

*COMAR 10.01.12.03*

A. Consideration and Disposition. The promulgating authority shall:

  (1) Consider the petition and may issue the declaratory ruling requested;

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

B. Publication and Inspection.

  (1) 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.

  (2) 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.

#### Regulation .04 Appeal.

*COMAR 10.01.12.04*

A declaratory ruling is subject to judicial review as provided in State Government Article, §10-305, Annotated Code of Maryland.