Chapter 04. Petition for Declaratory Rulings
Regulation .01 General.LinkCopy Citation
These regulations are promulgated under State Government Article, §10-304, Annotated Code of Maryland, for the purpose of establishing procedures by which the public may petition the Canal Place Preservation and Development Authority for a declaratory ruling.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
"Authority" means the Canal Place Preservation and Development Authority.
(2)
“Executive Director” means the Executive Director of the Canal Place Preservation and Development Authority or the Executive Director's designee.
Regulation .03 Who May File.LinkCopy Citation
Any interested person may file a petition for declaratory ruling with respect to the manner in which the Authority would 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 .04 Where to File.LinkCopy Citation
A petition shall be filed with the Executive Director for the Executive Director's consideration and disposition.
Regulation .05 Form.LinkCopy Citation
The petition shall:
A.
Be in writing;
B.
Contain a detailed statement of the facts on which the petition is based;
C.
Fully set forth the regulations or statutes involved;
D.
Pose the question of whether, and in what manner, the regulations or statutes apply to the petitioner under the facts contained in the petition;
E.
Contain the name, address, and telephone number of the petitioner; and
F.
Contain a statement by the petitioner, under oath, that the facts contained in the petition are true.
Regulation .06 Consideration and Disposition.LinkCopy Citation
The Executive Director shall consider the petition and may issue the declaratory ruling requested. The Executive Director may require argument on the petition. A declaratory ruling is binding upon the Authority and the petitioner, to the extent permitted by law, on the facts alleged. Any declaratory ruling 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 .07 Authority File.LinkCopy Citation
The Authority shall maintain a file of all petitions submitted and declaratory rulings issued. This file shall be available for public inspection to the extent permitted by law.
Chapter annotations
Authority: Financial Institutions Article, §13-1008(4); State Government Article, §10-304; Annotated Code of Maryland
History: Effective date: December 18, 1995 (22:25 Md. R. 1964)