# COMAR Title 10 — Maryland Department of Health

## Subtitle 27 — Board of Nursing

### Chapter 08 — Petition for Declaratory Ruling

#### Regulation .03 Consideration and Disposition.

*COMAR 10.27.08.03*

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.