# COMAR Title 10 — Maryland Department of Health

## Subtitle 37 — Health Services Cost Review Commission

### Chapter 10 — Rate Application and Approval Procedures

#### Regulation .35 Consideration and Disposition.

*COMAR 10.37.10.35*

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.