Regulation .35 Consideration and Disposition.
Regulation .35 Consideration and Disposition.LinkCopy Citation
A.
Consideration.
(1)
The petition shall be granted whenever the Commission deems issuing a declaratory ruling advisable under the circumstances.
(2)
In rendering its declaratory ruling, the Commission:
(a)
Shall consider all the materials submitted with the petition; or
(b)
May, in its discretion:
(i)
Consult individuals or materials outside the corners of the petition; or
(ii)
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)
Issue;
(b)
Conclusion;
(c)
Facts upon which the conclusion was based; and
(d)
Sources relied upon.
(2)
A declaratory relief issued by the Commission shall plainly state on its face that it is a declaratory ruling pursuant to this regulation.
(3)
A written answer from the Commission to an inquiry may not be construed as a declaratory ruling unless made in conformity with these regulations.
C.
Publication and Inspection. The Commission:
(1)
Shall keep a record of each declaratory ruling issued and index all declaratory rulings issued by reference to statute or statutes or regulation or regulations involved.
(2)
May publish a declaratory ruling 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.
Denial of a Petition for Declaratory Ruling. A petition may be denied if the:
(1)
Request contains incomplete information upon which to base an informed declaratory ruling;
(2)
Commission concludes that a declaratory ruling cannot reasonably be given on the matter;
(3)
Matter is adequately covered by a prior regulation, declaratory ruling, decision, or legal opinion; or
(4)
Commission concludes that a declaratory ruling would not be in the public interest.