Plain Text Law

Chapter 04. Petition for Declaratory Ruling

Full chapter: Markdown · XML

Regulation .01 Petition Authorized.Copy Citation

HTML · MD · XML
Any interested person may petition the Department for a declaratory ruling on the manner in which the Department would apply any of the following to a person or property on the facts set forth in the petition:
A.
A regulation of the Department;
B.
An order of the Department; or
C.
A law that the Department enforces.

Regulation .02 Form, Contents, and Verification.Copy Citation

HTML · MD · XML
A.
Form. The petition shall be:
(1)
In writing; and
(2)
Filed with the Secretary.
B.
Contents. The petition shall:
(1)
Contain the petitioner's name, address, and telephone number;
(2)
Contain a detailed statement of the facts underlying the questioned applicability of the stated regulation, order, or law; and
(3)
Pose the question of whether or in what manner the stated regulation, order, or law applies to the facts contained in the petition.
C.
Verification. The petition shall also contain 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.

Regulation .03 Action by Secretary.Copy Citation

HTML · MD · XML
A.
Notice of Receipt. On receipt of a petition, the Secretary shall promptly mail the petitioner a notice of filing, indicating the date the petition was received.
B.
Consideration and Disposition. Within 60 days after the petition is submitted, the Secretary shall:
(1)
Consider the petition; and
(2)
Either:
(a)
Issue a written declaratory ruling as requested; or
(b)
Notify the petitioner in writing of the reasons for not issuing a declaratory ruling.

Regulation .04 Effect of Ruling.Copy Citation

HTML · MD · XML
If the Secretary issues a declaratory ruling, that ruling binds the Department and the petitioner on the facts set forth in the petition.

Regulation .05 Judicial Review.Copy Citation

HTML · MD · XML
A declaratory ruling issued under this chapter is subject to judicial review in the same manner that State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, provides for review of a contested case.
Chapter annotations
Authority: Human Services Article, §9-204; State Government Article, §§10-304 and 10-305; Annotated Code of Maryland
History: Effective date: June 18, 2007 (34:12 Md. R. 1067)