Chapter 05. Petition for Declaratory Ruling
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Declaratory ruling” means a ruling made by a promulgating authority with respect to the manner in which the promulgating authority would apply a regulation or order of the promulgating authority, or a statute that the promulgating authority enforces, to a person or a property based on a given set of facts.
(2)
“Department” means the Department of State Police.
(3)
“Person” means:
(a)
An individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind;
(b)
A partnership, firm, association, corporation, or other entity; and
(c)
A political subdivision of the State or an instrumentality of a political subdivision.
(4)
“Promulgating authority” means the promulgating authority’s designee or an officer or unit of the Department that is authorized by law to adopt regulations subject to State Government Article, §§10-101—10-139, Annotated Code of Maryland, or adjudicate contested cases subject to State Government Article, §§10-201—10-207, Annotated Code of Maryland.
(5)
“Secretary” means the Secretary of the Department of State Police.
Regulation .02 Who May File.LinkCopy Citation
Any interested person may file a petition for a declaratory ruling with respect to the applicability to any person, property, or state of facts of any regulation promulgated by any unit of the Department, of an order of a unit of the Department, or of any statute enforceable by any unit.
Regulation .03 Where to File.LinkCopy Citation
A petition with respect to the applicability of any regulation, order, or statute enforceable by any unit of the Department shall be filed with the Secretary of the Department of State Police for consideration and disposition.
Regulation .04 Petition Format.LinkCopy Citation
A.
A petition for Declaratory Ruling shall be filed in writing and clearly marked to indicate that it is being filed pursuant to this regulation. It shall describe in detail:
(1)
The interest of the petitioner in making the request;
(2)
The issues involved;
(3)
A statement of the facts;
(4)
A list of documents or statements the petitioner believes should be considered; and
(5)
A sworn statement by the petitioner that the facts contained in the petition are true to the best of the person’s knowledge and belief.
B.
A petition for Declaratory Ruling shall include the petitioner’s:
(1)
Name;
(2)
Address;
(3)
Telephone number;
(4)
E-mail address; and
(5)
Facsimile number, if available.
Regulation .05 Consideration and Disposition.LinkCopy Citation
A.
The Secretary shall consider the petition and may, at his discretion, issue the declaratory ruling requested. The Secretary may require argument on the petition. Any declaratory ruling issued shall plainly state that it is a declaratory ruling pursuant to this regulation. A written answer from the Secretary or any employee of the Department to an inquiry may not be construed to be a declaratory ruling unless made in conformity with this regulation.
B.
As to the petitioner, a declaratory ruling shall be binding upon the Secretary as to any transaction covered thereby, entered into before the date of the declaratory ruling, and any transaction entered into in reliance upon the declaratory ruling unless, after the issuance of the declaratory ruling and before any affected transaction, a change in the legal basis of the declaratory ruling is made by statute, regulation, or judicial decision. With prospective effect only, a declaratory ruling may be revoked, altered, or amended by the Secretary, at any time.
C.
The Secretary may publish declaratory rulings of general interest, subject to protection of the identity of the petitioner and any confidential information contained in the petition for declaratory ruling.
Chapter annotations
Authority: State Government Article, §§10-301—10-305, Annotated Code of Maryland
History: Effective date: April 27, 2015 (42:8 Md.R. 608)