Regulation .03 Consideration and Disposition.
Regulation .03 Consideration and Disposition.LinkCopy Citation
A.
In rendering its ruling the Board or its designee:
(1)
Shall consider all materials submitted with the petition;
(2)
May consider any document, data, or other relevant material;
(3)
May consult individuals;
(4)
May consider comments from the staff; or
(5)
May require argument of the question or permit the introduction of evidence.
B.
Disposition.
(1)
A declaratory ruling issued shall be in writing, stating the:
(a)
Question;
(b)
Decision;
(c)
Description of factors considered; and
(d)
Sources relied upon.
(2)
A declaratory ruling issued by the Board shall plainly state that it is a declaratory ruling pursuant to these regulations.
(3)
A written answer from the Board or any employee of the Board to an inquiry may not be construed as a declaratory ruling unless made in conformity with these regulations.
C.
Publication and Inspection.
(1)
The Board shall keep a record of each declaratory ruling issued.
(2)
The Board 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.
D.
The Board may refuse to consider a petition if the:
(1)
Request contains incomplete information upon which to base an informed declaratory ruling;
(2)
Board or its designee concludes that a declaratory ruling cannot reasonably be given on the matter;
(3)
Matter is adequately covered by a prior:
(a)
Regulation;
(b)
Declaratory ruling;
(c)
Decision;
(d)
Legal opinion; or
(4)
The Board or its designee concludes that a ruling would not be in the public interest.