Md. Code Regs. 10.24.01.14

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.24.01.14 - Special Procedures

A. Determination of Coverage. Except as otherwise provided in Regulations .03 or .05 of this chapter, a project that requires a determination of coverage shall be dealt with in the following manner:

(1) A written request for determination of coverage shall be filed with the Center for Health Care Facilities Planning and Development.

(2) The Executive Director of the Commission shall review the request and act on it within 30 business days of receipt of complete information.

(3) The person requesting the determination shall provide all additional information requested by Commission staff.

(4) The Commission shall notify the person, each appropriate local health department, and each agency responsible under the Department's licensure program for the type of project whether it requires a Certificate of Need or other Commission review.

(5) Commission staff's determination of coverage may be appealed by the requesting party to the Commission by use of a motion filed in accordance with Regulation .10C of this chapter.

(6) The Executive Director may issue a determination that:

(a) Certificate of Need or other Commission review is not required; or

(b) Certificate of Need review is required for stated reasons.

B. Declaratory Rulings.

(1) A person uncertain as to how a statute or regulation enforced by the Commission applies to that person or that person's property may file with the Commission a petition for a declaratory ruling in accordance with the procedures in §B of this regulation.

(2) The Commission may decline to issue a declaratory ruling for any of the following reasons:

(a) The petition is not in accordance with this section;

(b) The petition contains insufficient factual or legal information upon which to base a declaratory ruling;

(c) The petition raises issues adequately addressed in a final decision or regulation of the Commission;

(d) The petition fails to pose a significant issue;

(e) The petition is properly heard as part of an evidentiary hearing; or

(f) A declaratory ruling would not be in the public interest.

(3) Within 15 days of receipt of a petition, the Executive Director shall either assign the petition to the full Commission for a decision or appoint a Commissioner to make a proposed ruling on the petition, which ruling shall be considered by the full Commission.

(4) Within 45 days, or by the second regularly scheduled Commission meeting following the filing of the petition, whichever is later, the Commission shall rule or decline to rule on the petition, or may postpone issuing a formal written declaratory ruling for up to 35 days.

(5) To secure a declaratory ruling, an affected person shall submit a petition for a declaratory ruling that contains the following information:

(a) The petitioner's name, address, and telephone number;

(b) A one or two sentence statement of each question on which a ruling is requested;

(c) A one or two sentence summary of the petitioner's position on each question;

(d) Citation to each provision that the Commission needs to interpret in order to answer each question posed;

(e) A brief statement of each relevant fact;

(f) The petitioner's factual, legal, and policy arguments, referring to documents, affidavits, data, and other relevant information, which shall be appended to the petition, unless the documents are readily accessible to the Commission; and

(g) A statement by the petitioner under penalties of perjury that each fact recited as relevant to the question posed is true to the best of the petitioner's knowledge, information, and belief.

(6) The Commission shall promptly publish notice of the receipt of a petition in the Maryland Register and shall note the petition on meeting agendas until the Commission acts upon the petition.

(7) The Commissioner making a proposed ruling or the Commission, in addition to considering the materials submitted by the petitioner and comments from staff, may:

(a) Request and receive oral or written statements from any person;

(b) Consider any document, data, study, or other relevant material; or

(c) Require argument on the question on the record, giving the petitioner the opportunity to present argument and to proffer witnesses and documents for the Commission's consideration.

(8) The proposed and final declaratory ruling shall be in writing, and state:

(a) Each question addressed;

(b) The proposed or final ruling; and

(c) The factual and legal basis for the ruling.

(9) A final declaratory ruling binds the Commission and the petitioner on the facts set forth in the petition, except when this binding effect violates the due process rights of a competing applicant in a comparative review.

(10) The Commission may revoke, alter, or amend a proposed or final declaratory ruling, which may have prospective effect only.

(11) A petitioner may appeal the declaratory ruling as set forth in State Government Article, Title 10, Annotated Code of Maryland.

Md. Code Regs. 10.24.01.14

Regulations .14 amended effective February 4, 1976 (3:3 Md. R. 151)
Regulations .14 adopted effective November 6, 1995 (22:22 Md. R. 1658)
Regulation .14 amended effective April 11, 2005 (32:7 Md. R. 680); adopted effective 50:22 Md. R. 975, eff. 12/1/2023