# COMAR Title 17 — Department of Budget and Management

## Subtitle 02 — Office of the Secretary

### Chapter 02 — Form and Procedure for Petitions for Adoption, Amendment, or Repeal of Regulations and Petitions for Declaratory Rulings

**Authority:** State Finance and Procurement Article, §3-204; State Government Article, §§10-123 and 10-304; Annotated Code of Maryland

**Administrative History:** Effective date: March 26, 1984 (11:6 Md. R. 556)

#### Regulation .01 Petitions for Adoption, Amendment, or Repeal of Regulations.

*COMAR 17.02.02.01*

A. Who May File. Any interested person may file a petition with the Secretary for the promulgation, amendment, or repeal of any departmental regulation.

B. Form. The petition shall be in writing and shall contain a brief statement of the regulation or amendment the petitioner proposes and a reference to any prior regulation the petitioner seeks to have amended or repealed. The petition shall also include a brief statement of reasons in support of the proposed change and the name, address, and telephone number of the petitioner.

C. Submission, Consideration, and Disposition. The petition shall be filed with the Secretary at the main office of the Department of Budget and Management, for his consideration and disposition. Within 60 days after submission, the Secretary shall consider the petition and either deny it or initiate appropriate procedures to promulgate, amend, or repeal regulations in accordance with the petition. If he denies the petition in whole or in part, the Secretary shall notify the petitioner in writing, stating his reasons. If he determines to take action in accordance with the petition, he may modify any language suggested by the petitioner.

#### Regulation .02 Petitions for Declaratory Rulings.

*COMAR 17.02.02.02*

A. Who May File. Any interested person may petition the Secretary for a declaratory ruling with respect to the applicability of any regulation, order, or statute enforceable by the Department of Budget and Management to any person, property, or state of facts.

B. Form. The petition shall be in writing and shall contain a detailed statement of the facts under which the applicability of the regulation, order, or statute is questioned. It shall include the petitioner's name, address, and telephone number and an explanation of the petitioner's interest. The petitioner shall attach a certificate, given under oath, that the facts contained in the petition are true to the best of the petitioner's knowledge, information, and belief.

C. Submission, Consideration, and Disposition. The petition shall be filed with the Secretary at the main office of the Department of Budget and Management, for his consideration and disposition. The Secretary shall consider the petition and may issue the declaratory ruling requested. The Secretary shall notify the petitioner in writing of his decision, stating his reasons.