Md. Code Regs. 14.21.04.05

Current through Register Vol. 51, No. 18, September 6, 2024

Section 14.21.04.05 - Consideration and Disposition

A. The Executive Director has the duty to consider and dispose of petitions received with respect to:

(1) Waivers made by managers of Authority project operations;

(2) Implementation of agreements and arrangements that have been approved or authorized by the Board of Directors; and

(3) Implementation of contracts for goods and services that are within a budget that has been approved by the Board of Directors.

B. The Board of Directors may delegate to the Executive Director the duty to consider and dispose of other particular petitions or categories of petitions for declaratory rulings.

C. Petitions respecting matters under §§A and B of this regulation that are received by the Executive Director in accordance with Regulation .03 of this chapter shall be acknowledged by the Executive Director within 30 days. The Executive Director:

(1) May require a presentation on the petition and additional submissions, consultations, or reports in the discretion of the Executive Director; and

(2) Shall issue a declaratory ruling within 45 days of receipt of final submissions, if any, requested under §C(1) of this regulation.

D. Consideration by the Board of Directors.

(1) Petitions respecting matters not delegated to the Executive Director shall be referred to the Board of Directors.

(2) Petitions received in accordance with Regulation .03 of this chapter shall be presented to the Board of Directors at the first meeting that is scheduled to take place at least 45 days after receipt of the petition.

(3) The Board of Directors may require a presentation on the petition, and additional submissions, consultations, or reports, in its discretion.

E. A declaratory ruling issued by the Authority, or by the Executive Director if so delegated, is binding upon the Authority and the petitioner, on the facts set forth in the petition. Declaratory rulings issued shall be in writing and shall state the reasons for the decision. A copy of the declaratory ruling shall be delivered to the petitioner.

Md. Code Regs. 14.21.04.05