Chapter 16. Petition for Declaratory Ruling

“Board” means the Board of Physicians.

“Designee” means a person or committee to whom the Board has delegated responsibility for consideration of a petition.

“Person” means:

A statute;

A regulation; or

An order which the Board enforces to a particular case based on the facts presented in the petition.

Study of a request; and

Preparation of a proposed ruling for the Board's consideration.

The petition for a declaratory ruling shall be filed in writing on a form provided by the Board.

The petition shall contain a statement describing in detail:

Unless this requirement is waived in writing by the Board, the petition shall contain 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.

Not later than 60 days from receipt of the petition, the Board shall inform the petitioner whether the petition will be granted.

If the petition is denied, the Board shall inform the petitioner in writing of the reasons for the denial.

If the petition is granted, the Board or the Board's designee shall inform the petitioner when to expect the declaratory ruling.

A petition will be granted whenever the Board or the Board's designee considers issuing a declaratory ruling advisable under the circumstances.

In rendering its ruling, the Board or the Board's designee:

Consideration of the proposed rulings prepared by the Board's designee shall be conducted according to procedures adopted by the Board in each case.

A declaratory ruling issued shall be in writing, stating the:

A declaratory ruling issued by the Board shall plainly state that it is a declaratory ruling pursuant to this chapter.

A written answer from the Board or any employee or committee of the Board to an inquiry is not a declaratory ruling unless made in conformity with this chapter.

The Board shall keep a record of each declaratory ruling issued and index all declaratory rulings issued by reference to the statute or regulation involved.

The Board may publish declaratory rulings of general interest subject to the mandates of State Government Article, Title 10, Subtitle 6, Part III, Annotated Code of Maryland, and allow inspection of the declaratory rulings subject to that statute.

Request contains incomplete information on which to base an informed declaratory ruling;

Board or the Board's designee concludes that a declaratory ruling cannot reasonably be given on the matter;

Matter is adequately covered by a:

Matter is the subject of a pending disciplinary proceeding; or

The Board or the Board's designee concludes that a ruling would not be in the public interest.

The petitioner shall file an application for revision within 10 days after the issuance of the declaratory ruling.

The Board shall determine whether to reopen the declaratory ruling.

The Board may summarily deny an application for revision.

An application for revision does not stay the effect of the declaratory ruling. If the Board determines to grant the application and reopen the declaratory ruling, the declaratory ruling is stayed until the Board:

A timely filed application for revision extends the time for judicial appeal of the declaratory ruling until the Board:

If the Board determines to reopen the declaratory ruling, the Board shall give the applicant notice of the determination and of any subsequent changes to the declaratory ruling. The determination to reopen a declaratory ruling does not confer any procedural rights on the applicant.

The Board shall deny applications for revision which contain additional or revised facts. The Board may treat the application as a request for a new declaratory ruling.

After determining to reopen a declaratory ruling, the Board may take any action which it is authorized to take with respect to original applications for declaratory rulings.

The Board's determination as to whether to reopen the declaratory ruling shall be made within 60 days of the application for revision.

The Board may reopen a declaratory ruling on its own motion at any time 2 years or more after a declaratory ruling's issuance.

The declaratory ruling may be reopened if the Board determines that there have been subsequent changes in law, technology, economic or business conditions, or environment that render the declaratory ruling inaccurate or obsolete.

The Board shall give notice to the petitioner of the Board's decision to reopen a declaratory ruling.

Before a declaratory ruling is finally modified under this section, the Board shall give the petitioner the opportunity to submit written and oral argument to the Board.