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Chapter 06. Declaratory Rulings

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Regulation .01 Scope.Copy Citation

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This chapter governs the procedures for obtaining a declaratory ruling from the EMS Board.

Regulation .02 Definitions.Copy Citation

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A.
In this chapter, the following term has the meaning indicated.
B.
Term Defined. “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.

Regulation .03 Petition for Declaratory Ruling.Copy Citation

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A.
A person may file a petition for a declaratory ruling by the EMS Board by delivering a copy of the petition to the Executive Director of MIEMSS.
B.
The petition for a declaratory ruling shall:
(1)
Be written; and
(2)
Describe in detail:
(a)
The interest of the person making the request,
(b)
The issues involved,
(c)
A statement of the facts,
(d)
A list of documents or statements which should be considered, and
(e)
A statement under the penalties of perjury by the person requesting the ruling that the facts contained in the petition are true.

Regulation .04 Consideration and Disposition.Copy Citation

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The EMS Board shall:
A.
Consider the petition and may issue the declaratory ruling requested; and
B.
Notify the person seeking the ruling in writing of the:
(1)
Action taken, and
(2)
Reasons for the decision.

Regulation .05 Publication and Inspection.Copy Citation

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A.
The EMS Board shall keep a record of each declaratory ruling issued, indexed by reference to statutes or regulations involved.
B.
The EMS Board may publish and allow inspection of declaratory rulings of general interest subject to the requirements of law.

Regulation .06 Appeal.Copy Citation

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A declaratory ruling is subject to judicial review under State Government Article, §10-305, Annotated Code of Maryland. The EMS Board shall be a party to any judicial review.
Chapter annotations
Authority: State Government Article, §10-304(b), Annotated Code of Maryland
History: Effective date: December 15, 1999 (26:24 Md. R. 1859)