# COMAR Title 34 — Department of Planning

## Subtitle 01 — General

### Chapter 01 — Petitions for Adoption of Regulations; Petitions for Declaratory Rulings

**Authority:** State Government Article, §§10-122(a) and 10-304(b), Annotated Code of Maryland

**Administrative History:** Effective date: September 8, 1978 (5:18 Md. R. 1388)

**Administrative History:** Chapter recodified from COMAR 16.00.06 to COMAR 16.01.03

**Administrative History:** Regulation .01C amended effective November 30, 1987 (14:24 Md. R. 2557)

**Administrative History:** Regulation .02C amended effective November 30, 1987 (14:24 Md. R. 2557)

**Administrative History:** Chapter recodified from COMAR 16.01.03 to COMAR 14.24.03 in July, 1989

**Administrative History:** Chapter recodified from COMAR 14.24.03 to COMAR 34.01.01

#### Regulation .01 Petitions for Adoption of Regulations.

*COMAR 34.01.01.01*

A. Who May File. Any interested person may file a petition with the Secretary of Planning for the promulgation, amendment, or repeal of any Office regulation.

B. Form. The petition shall be in writing and shall contain a brief statement of the regulation or amendment the petitioner proposes and a reference to any prior regulation the petitioner seeks to have amended or repealed. The petition shall also include a brief statement of reasons in support of the proposed change and the name, address, and telephone number of the petitioner.

C. Submission, Consideration, and Disposition. The petition shall be filed with the Secretary of Planning, at the main office of the Department of Planning, for consideration and disposition. Within 60 days after the petition is submitted, the Secretary shall consider the petition and either deny it or initiate appropriate procedures to promulgate, amend, or repeal regulations in accordance with the petition. If the Secretary denies the petition in whole or in part, the Secretary shall notify the petitioner in writing, stating reasons. If the Secretary determines to take action in accordance with the petition, the Secretary may modify any language suggested by the petitioner.

#### Regulation .02 Petitions for Declaratory Rulings.

*COMAR 34.01.01.02*

A. Who May File. Any interested person may petition the Secretary of Planning for a declaratory ruling with respect to the applicability of any regulation, order, or statute enforceable by the Office of Planning to any person, property, or state of facts.

B. Form. The petition shall be in writing and shall contain a detailed statement of the facts under which the applicability of the regulation, order, or statute is questioned. It shall include the petitioner's name, address, and telephone number and an explanation of the petitioner's interest. The petitioner shall attach a certificate, given under oath, that the facts contained in the petition are true to the best of the petitioner's knowledge, information, and belief.

C. Submission, Consideration, and Disposition. The petition shall be filed with the Secretary of Planning, at the main office of the Department of Planning, for consideration and disposition. The Secretary shall consider the petition and may issue the declaratory ruling requested. The Secretary shall notify the petitioner in writing of the Secretary's decision, stating reasons.