Md. Code Regs. 10.32.16.04

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

Section 10.32.16.04 - Effect, Revision, and Appeal

A. Effect. A declaratory ruling shall be binding on the Board and the petitioner on the statement of facts covered in the declaratory ruling.

B. Application for Revision.

(1) The petitioner shall file an application for revision within 10 days after the issuance of the declaratory ruling.

(2) The Board shall determine whether to reopen the declaratory ruling.

(3) The Board may summarily deny an application for revision.

(4) An application for revision does not stay the effect of the declaratory ruling. If the Board determines to grant the application and reopen the declaratory ruling, the declaratory ruling is stayed until the Board:

(a) Issues a revised declaratory ruling;

(b) Withdraws the declaratory ruling; or

(c) Withdraws its determination to reopen.

(5) A timely filed application for revision extends the time for judicial appeal of the declaratory ruling until the Board:

(a) Denies the application;

(b) Issues a revised declaratory ruling;

(c) Withdraws the declaratory ruling; or

(d) Withdraws its determination to reopen.

(6) If the Board determines to reopen the declaratory ruling, the Board shall give the applicant notice of the determination and of any subsequent changes to the declaratory ruling. The determination to reopen a declaratory ruling does not confer any procedural rights on the applicant.

(7) The Board shall deny applications for revision which contain additional or revised facts. The Board may treat the application as a request for a new declaratory ruling.

(8) After determining to reopen a declaratory ruling, the Board may take any action which it is authorized to take with respect to original applications for declaratory rulings.

(9) The Board's determination as to whether to reopen the declaratory ruling shall be made within 60 days of the application for revision.

C. Revision on Board's Motion.

(1) The Board may reopen a declaratory ruling on its own motion at any time 2 years or more after a declaratory ruling's issuance.

(2) The declaratory ruling may be reopened if the Board determines that there have been subsequent changes in law, technology, economic or business conditions, or environment that render the declaratory ruling inaccurate or obsolete.

(3) The Board shall give notice to the petitioner of the Board's decision to reopen a declaratory ruling.

(4) Before a declaratory ruling is finally modified under this section, the Board shall give the petitioner the opportunity to submit written and oral argument to the Board.

D. Appeal. A declaratory ruling is subject to review as provided in State Government Article, §10-305, Annotated Code of Maryland.

Md. Code Regs. 10.32.16.04