Chapter 07. Promulgation of Regulations and Petition for Declaratory Ruling
Regulation .01 Adoption of Regulations.LinkCopy Citation
New, amended, or repealed regulations shall be proposed and adopted on a regular or emergency basis, as prescribed by the Administrative Procedure Act, State Government Article, Title 10, Annotated Code of Maryland.
Regulation .02 Procedures.LinkCopy Citation
After providing notice, the Authority shall afford interested persons an opportunity to submit written data, views, or argument. If the Authority determines a hearing would be desirable with reference to a proposed regulation, it may afford interested parties the opportunity to submit evidence, subject to cross-examination by other interested parties and the Authority, and to make oral argument.
Regulation .03 Petition for Adoption of Regulations.LinkCopy Citation
A.
Who May File. Any interested person may file with the Authority a petition requesting the promulgation, amendment, or repeal of any regulation.
B.
Form. A petition shall be in writing and shall contain the:
(1)
Name, address, and telephone number of the petitioner; and
(2)
Proposed regulation changes and a brief statement of reasons for the changes.
C.
Submission, Consideration, and Disposition. A petition shall be filed with the Authority for its consideration and disposition. The Authority shall mail promptly to each person requesting the promulgation, amendment, or repeal of any regulation, a notice of filing indicating the date of receipt of the petition. Within 60 days of the date of receipt, the Authority shall either deny the petition in writing and state the reasons for its denial, or institute appropriate regulations promulgation procedures in accordance with the Administrative Procedure Act, State Government Article, Title 10, Annotated Code of Maryland, and notify the petitioner in writing of this action.
Regulation .04 Petition for Declaratory Ruling.LinkCopy Citation
A.
Who May File. Any interested person may file with the Authority a petition for a declaratory ruling with respect to the applicability of the statutes or any regulation pertaining to the statutes to any person, property, or state of facts.
B.
Form. A petition shall be in writing. It shall contain a detailed statement of the facts underlying the questioned applicability of the regulation or the statutes and shall pose the question of whether or in what manner the stated regulation or the statute applies to the facts contained in the petition. The petition shall also contain the name, address, and the telephone number of the petitioner and a statement by the petitioner, under oath, that the facts set forth in the petition are true to the best of the petitioner's knowledge, information, and belief.
C.
Submission, Consideration, and Disposition. A petition shall be filed with the Authority for its consideration and disposition. The Authority shall mail promptly to each person requesting a declaratory ruling a notice of filing indicating the date of receipt of the petition. The Authority shall consider the petition and may issue the declaratory ruling requested. The Authority shall notify the petitioner in writing within 60 days of the date of receipt of the petition of whatever action it decides to take, and shall state the reasons for its decision.
Chapter annotations
Authority: Financial Institutions Article, §13-708; State Government Article, §§10-123 and 10-304; Annotated Code of Maryland
History: Effective date: April 12, 1993 (20:7 Md. R. 642)