# COMAR Title 24 — Department of Commerce

## Subtitle 01 — Office of the Secretary

### Chapter 03 — Petition for Declaratory Rulings

**Authority:** Economic Development Article, §2-108; State Government Article, §10-304; Annotated Code of Maryland

**Administrative History:** Effective date: August 28, 2006 (33:17 Md. R. 1439)

#### Regulation .01 Purpose.

*COMAR 24.01.03.01*

This chapter is promulgated pursuant to State Government Article, §10-304, Annotated Code of Maryland, for the purpose of establishing procedures by which the public may petition the Department of Commerce for a declaratory ruling.

#### Regulation .02 Definitions.

*COMAR 24.01.03.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Department” means the Department of Commerce.

  (2) “Secretary” means the Secretary of Commerce or the Secretary's designee.

#### Regulation .03 Who May File.

*COMAR 24.01.03.03*

Any interested person may file a petition for declaratory ruling with respect to the manner in which the Department would apply a regulation or order of the Department or a statute that the Department enforces to a person or property on the facts set forth in the petition.

#### Regulation .04 Where to File.

*COMAR 24.01.03.04*

A petition shall be filed with the Secretary for consideration and disposition.

#### Regulation .05 Form.

*COMAR 24.01.03.05*

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.

*COMAR 24.01.03.06*

A. The Secretary:

  (1) Shall consider the petition;

  (2) May require argument on the petition; and

  (3) May issue the declaratory ruling requested or deny the petition.

B. A declaratory ruling is binding upon the agency and the petitioner, to the extent permitted by law, on the facts alleged.

C. Any declaratory ruling issued shall:

  (1) Be in writing; and

  (2) State the reasons for the decision.

D. A copy of the declaratory ruling shall be delivered to the petitioner.

#### Regulation .07 Agency File.

*COMAR 24.01.03.07*

A. The Department shall maintain a file of all petitions submitted and the declaratory rulings issued.

B. This file shall be available for public inspection to the extent permitted by law.