Chapter 16. Petition for Declaratory Ruling
Regulation .01 Scope.LinkCopy Citation
These regulations govern the State Board of Dental Examiners and a petitioner for a declaratory ruling.
Regulation .02 Definitions.LinkCopy Citation
A.
The following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Board” means the State Board of Dental Examiners.
(2)
“Person” means an individual, an agency, an association, a corporation, or any other entity.
Regulation .03 Petition.LinkCopy Citation
A.
An interested person may file with the Board a petition for a declaratory ruling with respect to the manner in which the Board would apply a statute, a regulation, or an order that the Board enforces to a particular case based on the facts presented in the petition.
B.
The petition for a declaratory ruling shall be filed in writing on a form provided by the Board.
C.
The petition shall contain a statement describing in detail the:
(1)
Interest of the petitioner in making a request;
(2)
Issue involved;
(3)
Facts to be considered; and
(4)
Documents or statements, or both, to be considered.
D.
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.
E.
Within 60 days after receipt of the petition, the Board shall inform the petitioner whether the petition will be granted.
F.
If the petition is denied, the Board shall inform the petitioner in writing of the reasons for denial.
G.
If the petition is granted, the Board or its designee shall inform the petitioner of the date on which the Board will issue the declaratory ruling.
Regulation .04 Consideration and Disposition.LinkCopy Citation
A.
A petition will be granted unless the Board or its designee considers a declaratory ruling inadvisable due to considerations listed in §H of this regulation.
B.
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.
C.
A declaratory ruling issued shall be in writing, stating the:
(1)
Issue;
(2)
Conclusion;
(3)
Facts upon which the conclusion was based; and
(4)
Sources relied upon.
D.
A declaratory ruling issued by the Board shall plainly state that it is a declaratory ruling made pursuant to these regulations.
E.
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.
F.
The Board shall keep a record of each declaratory ruling issued and index all declaratory rulings issued by reference to statute or regulation involved.
G.
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.
H.
A petition may be denied 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:
(a)
Prior regulation,
(b)
Declaratory ruling,
(c)
Decision, or
(d)
Legal opinion; or
(4)
Board or its designee concludes that a ruling would not be in the public interest.
Regulation .05 Effect, Revision, and Appeal.LinkCopy Citation
A.
A declaratory ruling shall be binding upon the Board and the petitioner on the statement of facts covered in the declaratory ruling and set forth in the petition.
B.
A petitioner may apply for revision of a declaratory ruling.
C.
The petitioner's application for revision of the declaratory ruling shall:
(1)
Be filed within 10 days after the issuance of the declaratory ruling;
(2)
State the grounds for the revision; and
(3)
Stay enforcement of the declaratory ruling until disposition.
D.
Upon receipt of the application, the Board may:
(1)
Reopen the declaratory ruling to receive additional information;
(2)
Amend its ruling or its statement of reasons for the ruling;
(3)
Set forth additional findings or reasons; and
(4)
Enter new findings, new reasons, or a new ruling.
E.
The Board shall grant or deny the application for revision within 45 days of its receipt.
F.
The Board may exercise revisory power and control over the declaratory ruling in the case of fraud, mistake, or irregularity.
G.
A declaratory ruling is subject to review as provided in State Government Article, §10-305, Annotated Code of Maryland.
Chapter annotations
Authority: State Government Article, §§10-304 and 10-305, Annotated Code of Maryland
History: Effective date: February 19, 1990 (17:3 Md. R. 300)