Md. Code Regs. 10.37.10.35

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

Section 10.37.10.35 - Consideration and Disposition

A. Consideration.

(1) The petition shall be granted whenever the Commission deems issuing a declaratory ruling advisable under the circumstances.

(2) In rendering its declaratory ruling, the Commission:

(a) Shall consider all the materials submitted with the petition; or

(b) May, in its discretion:

(i) Consult individuals or materials outside the corners of the petition; or

(ii) Require argument of the question or permit the introduction of evidence.

B. Disposition.

(1) A declaratory ruling issued shall be in writing, stating the:

(a) Issue;

(b) Conclusion;

(c) Facts upon which the conclusion was based; and

(d) Sources relied upon.

(2) A declaratory relief issued by the Commission shall plainly state on its face that it is a declaratory ruling pursuant to this regulation.

(3) A written answer from the Commission to an inquiry may not be construed as a declaratory ruling unless made in conformity with these regulations.

C. Publication and Inspection. The Commission:

(1) Shall keep a record of each declaratory ruling issued and index all declaratory rulings issued by reference to statute or statutes or regulation or regulations involved.

(2) May publish a declaratory ruling 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. Denial of a Petition for Declaratory Ruling. A petition may be denied if the:

(1) Request contains incomplete information upon which to base an informed declaratory ruling;

(2) Commission concludes that a declaratory ruling cannot reasonably be given on the matter;

(3) Matter is adequately covered by a prior regulation, declaratory ruling, decision, or legal opinion; or

(4) Commission concludes that a declaratory ruling would not be in the public interest.

Md. Code Regs. 10.37.10.35

Regulation .35 adopted effective August 1, 1987 (14:15 Md. R. 1660)