Chapter 02. Petition for Declaratory Ruling
Regulation .01 Petition Authorized.LinkCopy Citation
An interested person may petition the State Board for a declaratory ruling on the manner in which the Board would apply any of the following to a person or property on the facts set forth in the petition:
A.
A Board regulation;
B.
A Board order; or
C.
A statute that the Board enforces.
Regulation .02 Form, Contents, and Verification.LinkCopy Citation
A.
Form. The petition shall be:
(1)
In writing; and
(2)
Filed with the State Administrator.
B.
Contents. The petition shall:
(1)
Contain the name, address, and telephone number of the petitioner;
(2)
Contain a detailed statement of the facts underlying the questioned applicability of the stated regulation, order, or statute; and
(3)
Pose the question of whether or in what manner the stated regulation, order, or statute applies to the facts contained in the petition.
C.
Verification. The petition shall also contain a statement by the petitioner, under oath, that the facts set forth in the petition are true to the best of the petitioner's knowledge, information, and belief.
Regulation .03 Action by Board.LinkCopy Citation
A.
Notice of Receipt. Upon receipt of a petition, the State Administrator shall promptly mail the petitioner a notice of filing, indicating the date the petition was received.
B.
Consideration and Disposition. Within 60 days after the petition is submitted, the State Board shall:
(1)
Consider the petition; and
(2)
Either:
(a)
Issue a written declaratory ruling as requested, or
(b)
Notify the petitioner in writing of the reasons for not issuing a declaratory ruling.
Regulation .04 Effect of Ruling.LinkCopy Citation
If the State Board issues a declaratory ruling, that ruling binds the State Board, the local boards, and the petitioner on the facts set forth in the petition.
Regulation .05 Judicial Review.LinkCopy Citation
A declaratory ruling issued under this chapter is subject to judicial review in the same manner that State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, provides for review of a contested case.
Chapter annotations
Authority: Election Law Article, §2-102(b)(4); State Government Article, §§10-304 and 10-305; Annotated Code of Maryland
History: Effective date:
History: Regulations .01—.05 adopted as an emergency provision effective March 1, 2000 (27:6 Md. R. 635); adopted permanently effective July 10, 2000 (27:13 Md. R. 1212)