Chapter 03. Regulation Adoption and Declaratory Rulings
Regulation .01 Definition.LinkCopy Citation
“Interested person” means a participant or a participating employer.
Regulation .02 Adoption of Regulations.LinkCopy Citation
A.
The Board of Trustees shall be responsible for adopting regulations providing for the:
(1)
Administration of the several systems;
(2)
Management of the assets of the several systems; and
(3)
Transaction of the Board of Trustees' business.
B.
The Board of Trustees shall propose and adopt regulations in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 1, Annotated Code of Maryland.
Regulation .03 Petition for Adoption of Regulations.LinkCopy Citation
A.
An interested person may submit to the Board of Trustees a petition for the adoption, amendment, or repeal of any regulation under this title. A copy of the petition shall also be filed with the Executive Director.
B.
The petition shall:
(1)
Be in writing;
(2)
Include:
(a)
The name, address, and telephone number of the interested person, and
(b)
If the interested person is an individual, the Social Security number of the interested person;
(3)
State the regulation or amendment the petition proposes or refer to any existing regulation the petition seeks to have amended or repealed; and
(4)
Contain a brief statement of the reasons in support of the proposed adoption, amendment, or repeal of the regulation.
C.
Within 60 days after receipt of the petition, the Secretary to the Board of Trustees shall notify the petitioner in writing that the Board of Trustees:
(1)
Denied the petition, in whole or in part, stating the reasons for the denial; or
(2)
Initiated appropriate procedures for adoption, amendment, or repeal of the regulation in accordance with the petition.
Regulation .04 Petition for Declaratory Ruling.LinkCopy Citation
A.
An interested person may file a petition for a declaratory ruling with the Board of Trustees with respect to the applicability of any statute pertaining to the Board of Trustees or the applicability of any regulation adopted by the Board of Trustees. A copy of the petition for a declaratory ruling shall also be filed with the Executive Director.
B.
The petition for a declaratory ruling shall:
(1)
Be in writing;
(2)
Include:
(a)
The name, address, and telephone number of the interested person, and
(b)
If the interested person is an individual, the Social Security number of the interested person;
(3)
Describe the petitioner's interest in making the request for a declaratory ruling;
(4)
Contain a detailed statement of the facts and pose the question of whether, and in what manner, the State statute or regulation applies to these facts; and
(5)
Include a statement by the interested person, under oath or affirmation, that the facts contained in the petition are true to the best of the interested person's knowledge, information, and belief.
C.
The Board of Trustees shall consider the petition for declaratory ruling and may, in its discretion, issue the declaratory ruling requested. The Board of Trustees shall notify the petitioner in writing of whatever action the Board of Trustees may decide to take, stating the reasons for its decision.
Chapter annotations
Authority: State Government Article, §10-122(a); State Personnel and Pensions Article, §21-110; Annotated Code of Maryland
History: Effective date: January 1, 1996 (22:26 Md. R. 2031)
History: Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.