Md. Code Regs. 10.27.08.03
Current through Register Vol. 51, No. 18, September 6, 2024
Section 10.27.08.03 - Consideration and DispositionA. In rendering its ruling the Board or its designee: (1) Shall consider all materials submitted with the petition;(2) May consider any document, data, or other relevant material;(3) May consult individuals;(4) May consider comments from the staff; or(5) May require argument of the question or permit the introduction of evidence.B. Disposition. (1) A declaratory ruling issued shall be in writing, stating the:(c) Description of factors considered; and(2) A declaratory ruling issued by the Board shall plainly state that it is a declaratory ruling pursuant to these regulations.(3) A written answer from the Board or any employee of the Board to an inquiry may not be construed as a declaratory ruling unless made in conformity with these regulations.C. Publication and Inspection.(1) The Board shall keep a record of each declaratory ruling issued.(2) The Board may publish declaratory rulings of general interest subject to the mandates of the Public Information Act, State Government Article, §10-601 et seq., Annotated Code of Maryland, and allow inspection of the declaratory rulings subject to the Public Information Act.D. The Board may refuse to consider a petition if the:(1) Request contains incomplete information upon which to base an informed declaratory ruling;(2) Board or its designee concludes that a declaratory ruling cannot reasonably be given on the matter;(3) Matter is adequately covered by a prior:(4) The Board or its designee concludes that a ruling would not be in the public interest.Md. Code Regs. 10.27.08.03
Regulation .03 amended effective April 16, 2001 (28:7 Md. R. 690)