Chapter 04. Petition for Declaratory Rulings
Regulation .01 General.LinkCopy Citation
These regulations are promulgated under State Government Article, Title 10, Subtitle 3, Annotated Code of Maryland, for the purpose of establishing procedures by which the public may petition the Maryland Food Center Authority for a declaratory ruling.
Regulation .02 Who May File.LinkCopy Citation
An interested person may file a petition for declaratory ruling with respect to the manner in which the Authority will apply a regulation or order of the Authority, or a statute that the Authority enforces, to a person or property on the facts set forth in the petition.
Regulation .03 Filing.LinkCopy Citation
A.
A petitioner shall file a petition within 30 days of notice from the Authority of the manner in which the Authority intends to apply a regulation, order, or statute.
B.
A petition shall be filed with the Executive Director for consideration and disposition by the Authority, or by the Executive Director if the duty is delegated by the Authority to the Executive Director.
Regulation .04 Form.LinkCopy Citation
A petition for a declaratory ruling shall be in writing and shall:
A.
Contain a detailed statement of the facts on which the petition is based;
B.
Cite all regulations and statutes involved;
C.
Evaluate whether and in what manner the relevant regulations apply to the petition under the facts contained in the petition;
D.
Contain the name, address, and telephone number of the petitioner; and
E.
Contain a statement by the petitioner, under oath, that the facts contained in the petition are true.
Regulation .05 Consideration and Disposition.LinkCopy Citation
A.
The Executive Director has the duty to consider and dispose of petitions received with respect to:
(1)
Waivers made by managers of Authority project operations;
(2)
Implementation of agreements and arrangements that have been approved or authorized by the Board of Directors; and
(3)
Implementation of contracts for goods and services that are within a budget that has been approved by the Board of Directors.
B.
The Board of Directors may delegate to the Executive Director the duty to consider and dispose of other particular petitions or categories of petitions for declaratory rulings.
C.
Petitions respecting matters under §§A and B of this regulation that are received by the Executive Director in accordance with Regulation .03 of this chapter shall be acknowledged by the Executive Director within 30 days. The Executive Director:
(1)
May require a presentation on the petition and additional submissions, consultations, or reports in the discretion of the Executive Director; and
(2)
Shall issue a declaratory ruling within 45 days of receipt of final submissions, if any, requested under §C(1) of this regulation.
D.
Consideration by the Board of Directors.
(1)
Petitions respecting matters not delegated to the Executive Director shall be referred to the Board of Directors.
(2)
Petitions received in accordance with Regulation .03 of this chapter shall be presented to the Board of Directors at the first meeting that is scheduled to take place at least 45 days after receipt of the petition.
(3)
The Board of Directors may require a presentation on the petition, and additional submissions, consultations, or reports, in its discretion.
E.
A declaratory ruling issued by the Authority, or by the Executive Director if so delegated, is binding upon the Authority and the petitioner, on the facts set forth in the petition. Declaratory rulings issued shall be in writing and shall state the reasons for the decision. A copy of the declaratory ruling shall be delivered to the petitioner.
Regulation .06 Appeal of Declaratory Ruling.LinkCopy Citation
A.
A declaratory ruling issued by the Executive Director may be appealed to the Board of Directors in writing within 10 days of the ruling, and shall be referred to the Board of Directors in accordance with Regulation .05D.
B.
A declaratory ruling by the Board of Directors may be appealed to a circuit court in accordance with State Government Article, §10-305, Annotated Code of Maryland.
Regulation .07 Agency File.LinkCopy Citation
The Authority shall maintain a file of all petitions submitted and the declaratory rulings issued. This file shall be available for public inspection to the extent permitted by law.
Chapter annotations
Authority: Article 41, §§13-101—13-121; State Government Article, §10-304; Annotated Code of Maryland
History: Effective date: March 16, 1992 (19:5 Md. R. 578)